In my Florida divorce case, can I use my spouse’s affair against them?

“Adultery” exists where one party that is legally married engages in sexual intercourse with another person who is not that party’s spouse. Until a court has declared that the parties are divorced, one party can still engage in adultery while the divorce is pending if he or she engages in sexual intercourse with another person who is not that party’s spouse.

In Florida, the weight of adultery has lessened over time in divorce cases. Because Florida is a no-fault state, adultery does not affect most decisions. If the adulterer, however, spends marital funds or uses marital assets in the course of their behavior and during the duration of the affair, this will affect the decision of the court. Adultery also impacts custody and alimony decisions.

Adultery can have an impact on the division of the marital estate adultery and division of assets depending on the nature of the adulterous relationship. In some adulterous relationships, for instance, the adulterous spouse spends large amounts of money buying his or her paramour extravagant gifts. Or the adulterous spouse may financially support his or her paramour to the detriment of his or her spouse and family. Where the adulterous relationship has caused some sort of injury or harm to the non-adulterous spouse, a court can take this into consideration and award the injured party a greater share of the marital property.

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