Straying spouses who are seeking alimony in a Florida divorce might be relieved to know that adultery is not a complete bar to an award of alimony. Adultery is simply one of many factors that may impact an alimony award, and it may be taken into consideration only in limited circumstances.
A Brief History of Alimony and Adultery in Florida Law
Prior to the adoption of no-fault divorce in Florida, courts awarded a divorced wife permanent alimony almost as a matter of right. Florida divorce law specifically prohibited an award of alimony to an “adulterous wife.” Thus, if the wife committed adultery during the marriage, she could not expect to receive any alimony if the marriage ended in divorce.
The Florida no-fault divorce law enacted in 1971 placed both parties to the marriage on an equal basis with regard to rights and obligations during the marriage and in the event of a divorce. Depending on an evaluation of need and ability to pay, either party may receive or pay alimony.
Additionally, Florida no-fault divorce means that adultery is no longer a complete bar to an alimony award. Florida law was further revised in 1988 to provide that divorce courts may consider the adultery of either spouse (not just the receiving spouse) in deciding an alimony award.
Equitable Standards Apply
Although marital misconduct may be considered, Florida divorce law provides that the primary standards to be used in fashioning an alimony award are the needs of one spouse and the ability of the other spouse to pay. The goal is an equitable balance, and the divorce court must consider all relevant economic factors in order to try and achieve an equitable result when it comes to an alimony award.
Limits on How Adultery May be Considered
Florida Statutes § 61.08 provides that one of the factors that a court may consider in determining an alimony award is the adultery of either spouse. Florida family law is clear, however, that adultery may not be used solely to punish the unfaithful spouse. In fact, adultery may not be considered in relation to alimony unless the adultery has caused a depletion of marital assets. If the cheating spouse’s adultery had no impact on the assets of the marriage, the straying spouse’s conduct is not to be considered in fashioning an alimony award.
Florida Family Law Attorneys
Whether or not alimony is awarded will depend on all the circumstances of the marriage and divorce. There is no single factor that justifies an alimony award. Adultery is only one factor that Florida family law courts may consider, and the fact that one spouse strayed may not make a difference when it comes to alimony. Anyone seeking alimony or facing the prospect of having to pay alimony should consult with a divorce attorney for advice.
Sources:
Brown v. Brown, 300 So. 2d 719 (Fla. 1st DCA 1974).
Noah v. Noah, 491 So. 2d 1124 (Fla. 1986).
Thigpen v. Thigpen, 277 So. 2d 583 (Fla. 1st DCA 1973).
§ 61.08, Florida Statutes.
Disclaimer: This article is in no way intended as legal advice. For help with specific legal issues, one should contact a licensed attorney in one's local area.
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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