Will an Affair Impact the Outcome of My Divorce Settlement?

Will an Affair Impact the Outcome of My Divorce Settlement?

Finding out that your spouse cheated on you feels like the ultimate betrayal and if it ultimately led to your divorce, you may be wondering if it can have an impact on the outcome of your divorce settlement or entitle you to more alimony. However, in Florida, infidelity will not directly impact the terms of your divorce decree unless the affair ultimately led to your financial suffering. Moreover, it cannot impact child custody unless the affair directly affected the children.

How Infidelity Can Affect Alimony in Florida

Much like any other state, Florida courts examine numerous factors when rendering a decision regarding alimony.

Below are some of the factors a judge will review when determining alimony:

  • The duration of the marriage
  • The overall health and age of each spouse
  • Each spouse’s earning capacity
  • The standard of living enjoyed during the marriage
  • Each spouse’s parenting responsibilities (if they have children)

A judge will only consider your spouse’s affair a factor if it financially impacted you.

Here are some situations in which a judge may consider your spouse’s affair when determining alimony:

  • Your spouse paid rent for his or her other partner
  • Your spouse spent significant marital assets to purchase gifts for his or her other partner
  • Your spouse spent significant marital assets on dinners or other entertainment with that partner
  • Your spouse went on a vacation with his or her other partner

Generally, if a spouse did not spend a significant amount of marital assets on the affair, it will not affect alimony or property and asset division. A judge will not compensate you for the emotional distress you are experiencing, unfortunately.

Child Custody

Family courts typically do not consider extramarital affairs when rendering decisions regarding child custody. Such decisions are based on the best interests of the children. However, in some cases, if your spouse exposed the children to the affair or you can prove that it directly impacted the children and that awarding your spouse custody would not be in their best interests, it may become a factor in your case.

Schedule a Consultation with Our Experienced Family Law Attorney

If your spouse had an affair and you believe it financially impacted you, it may affect your divorce settlement. However, you must seek skilled legal counsel to ensure you obtain the results you deserve. At Dale L. Bernstein, Chartered Law Office, our family law attorney is committed to providing understanding and compassionate legal guidance for those who are going through the divorce process. Backed by more than 33 years of legal experience, you can rely on our legal team to help you navigate this difficult and emotionally challenging process with the care and attention you need.

Reach out to our law office today at (727) 312-1112 to set up an initial consultation with our knowledgeable divorce attorney.


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