How Infidelity Affects Divorce Settlements in Florida

Introduction

When infidelity occurs in a marriage, it can lead to emotional distress, trust issues, and ultimately, divorce. Many spouses wonder whether adultery will impact the legal aspects of a divorce, including property division, alimony, and child custody. While Florida is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing to obtain a divorce, infidelity can still play a role in certain financial and custody-related decisions.

This guide explains how infidelity affects divorce settlements in Florida and what spouses should know before pursuing legal action.

---

Does Adultery Affect the Grounds for Divorce in Florida?

Florida follows a no-fault divorce system, meaning that a spouse does not have to prove adultery or other misconduct to obtain a divorce. The only requirement is to state that the marriage is irretrievably broken.

However, while infidelity does not serve as a legal ground for divorce, it can influence certain aspects of the divorce settlement, particularly when it comes to financial issues and parenting arrangements.

---

How Infidelity Can Impact Alimony Awards

One of the main areas where adultery may affect a divorce settlement is alimony. Florida law allows judges to consider adultery when determining whether to award spousal support and how much should be paid.

Factors that may influence alimony decisions include:

• Whether the cheating spouse spent significant marital funds on an extramarital affair.
• Whether the affair caused financial hardship for the other spouse.
• Whether the adultery had an impact on the emotional or physical well-being of the non-cheating spouse.

For example, if a spouse used joint bank accounts to pay for vacations, gifts, or expensive dinners for a lover, the court may adjust the alimony award to compensate the innocent spouse. However, infidelity alone is not enough to deny alimony if the spouse seeking support can demonstrate financial need.

---

The Role of Infidelity in Property Division

Florida courts follow equitable distribution laws when dividing marital property. This means that assets and debts are divided fairly, though not necessarily equally.

Infidelity does not automatically entitle one spouse to a larger share of marital assets. However, if the cheating spouse engaged in dissipation of marital assets—such as spending excessive amounts of money on an affair—the court may award the innocent spouse a greater portion of the remaining assets to compensate for the financial loss.

Evidence of financial misconduct may include:

• Bank statements showing unexplained withdrawals.
• Credit card records with charges related to an affair.
• Testimony from forensic accountants or financial experts.

Without proof that adultery had a financial impact on the marriage, it is unlikely to affect property division.

---

Can Infidelity Affect Child Custody Decisions?

When determining child custody and time-sharing, Florida courts prioritize the best interests of the child. Generally, infidelity alone does not affect a parent’s custody rights unless it directly impacts the child’s well-being.

Adultery may become relevant in custody cases if:

• The cheating parent exposed the child to an inappropriate or unsafe environment.
• The affair involved neglecting parental responsibilities.
• The new relationship includes a person with a history of substance abuse, violence, or criminal activity.

If a parent’s behavior has a negative effect on the child’s emotional or physical safety, the court may modify custody arrangements accordingly. However, accusations of infidelity must be supported by evidence rather than speculation.

---

Proving Infidelity in a Florida Divorce Case

Since infidelity can influence alimony, property division, and custody disputes, gathering evidence may be necessary if a spouse wants the court to consider it. Some common forms of evidence include:

• Financial records showing suspicious spending.
• Text messages, emails, or social media activity confirming the affair.
• Private investigator reports documenting the extramarital relationship.
• Witness statements from individuals aware of the infidelity.

It is important to obtain evidence legally, as unauthorized surveillance or hacking into a spouse’s private accounts could violate privacy laws and be inadmissible in court.

---

What If Both Spouses Were Unfaithful?

If both spouses engaged in affairs, it is unlikely that infidelity will have any impact on the divorce settlement. Courts typically avoid assigning blame unless there is clear evidence that one spouse’s actions caused financial harm or negatively affected the children.

In such cases, the focus remains on ensuring that assets, debts, and parental responsibilities are divided fairly based on objective legal factors.

---

How a Family Law Attorney Can Help

An experienced family law attorney can:

• Assess whether infidelity has a legal impact on the divorce case.
• Gather and present financial evidence of asset dissipation.
• Advocate for fair alimony and property division based on financial misconduct.
• Protect parental rights in child custody disputes where adultery is an issue.
• Negotiate settlements that account for all relevant factors, including financial losses tied to infidelity.

At Bonderud Law, we provide strategic legal guidance for individuals navigating divorce, including cases where infidelity may play a role. If you need help understanding how adultery affects your divorce, contact us today for a free consultation.

---

Conclusion

While Florida is a no-fault divorce state, infidelity can still influence divorce settlements in cases involving alimony, asset division, and child custody. Courts consider whether adultery led to financial waste or negatively impacted children before making final decisions.

If you are going through a divorce and believe infidelity may affect your settlement, consulting with an experienced attorney can help ensure your rights are protected and that you receive a fair outcome.