In Florida, spousal support or alimony is not an automatic entitlement. The court awards it based on various factors.
Adultery can have a significant impact on spousal support decisions. Courts may consider it when determining whether to award support and in determining the amount of support.
The impact on support decisions
The court looks at adultery as a violation of the marital contract. If the party who faces having to pay support can prove adultery occurred, then it could lead to a reduction in the amount or denial of alimony. Conversely, the faithful spouse may be able to request a higher amount of support to compensate for the harm that was a result of the adultery.
The extent of consideration
The court considers many factors when deciding spousal support, such as the length of the marriage, the standard of living established during the marriage and the financial resources of each spouse. Adultery is just one of these factors. The impact it has on the spousal support determination can vary depending on the specific circumstances of the case. If the adultery caused financial harm to the innocent spouse, such as through the use of marital assets to support the extramarital relationship, the court may consider that when making a determination.
Adultery’s influence on spousal support underscores the complexity of divorce proceedings. It serves as a reminder of the emotional and financial repercussions that can arise from marital infidelity, highlighting the need for careful consideration of all factors involved in determining a fair outcome.