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What You Should Know About Adultery and Divorce In Florida

A divorce is a HUGE decision. There are many emotions and feelings involved, as well as many decisions with regard to property, assets, and children. However, if adultery is involved, these emotions are often much stronger.

Divorce In FloridaEven though you may feel like your soon-to-be-ex did something unforgivable and inexcusable by committing adultery, the cold reality is that it may not make much of a difference in how the divorce eventually plays out…

Before initiating divorce proceedings, it is a good idea to do some research about Florida state laws surrounding divorce and adultery. Here is some helpful information you should know about divorce in the state of Florida:

Division of Assets and Debts

During your marriage, you and your spouse accumulated assets and debts jointly. This might include:

  • The marital home
  • Retirement accounts
  • Investment accounts
  • Bank accounts
  • Credit cards
  • Lines of credit
  • Mortgages and other loans

One major piece of the puzzle of divorce in Florida is figuring out how to divide all of these things fairly.

General Rules of Marriage

In short-term marriages, the general rule of thumb is that both parties should leave the marriage in much the same financial state they were in when they entered into the marriage. For long-term marriages, the general rule is that all assets and debts are divided equally.

If one or both spouses committed adultery during the marriage, it is unlikely that it will be reflected in the property division. Of course, there are exceptions to these general rules and it is important to discuss your situation with a family law attorney before agreeing to waive any rights to what may rightfully be yours.

Spousal and/or Child Support

Another major piece of a divorce is establishing alimony (now called spousal support) and/or child support. There are child support guidelines that take into consideration the number of children you have, your income, your spouse’s income, and the cost of childcare and health insurance for the children. There may be reasons to deviate from the number set forth in the child support guidelines, but the burden of proof for why to do so is on the spouse who wants the deviation.

Child support guidelines will not change—regardless of whether or not a spouse commits adultery. A child is a child and still requires support, and has nothing to do with your ex-spouse in the relationship sense.

Click HereUnderstanding How Child Support Works

Alimony has much more of a gray area; this is where adultery MAY be a factor. The court uses certain factors to determine if alimony is appropriate—including the “adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”

Regardless of the situation, divorce is always a difficult process. There are some couples who cannot agree on some or all of the issues and therefore have to go through litigation in order to reach a settlement or have a court decide the issues for them.

Speak with a Family Law Attorney

If this is the case—either due to the financial aspect or parenting issues or—it is crucial to contact a family law attorney who can explain things in as much detail as necessary. As difficult as divorce can be, a family law attorney who specializes in child support and alimony can help make the legal process as smooth and as painless as possible.

Contact us

The Estevez-Pazos Law Firm, P.A.
135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146

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