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How Might Adultery Affect My Divorce?

The state of Florida has joined the majority of states that have abolished the concept of fault in divorce. In order to file for divorce, neither partner is required to prove fault, nor does fault have any bearing on the divorce itself. If one partner was unfaithful during the marriage and this fact resulted in its dissolution, there might be some implications that affect the terms of the divorce, such as: 

  • Time-sharing: If one parent is involved in a romantic relationship that began during the marriage, the other parent might object to inappropriate exposure of the children to the new partner. This can be especially tricky if the children are older or are teenagers and have some awareness of the circumstances. 
  • Spousal support: At one time, Florida courts used alimony as a means of penalizing an unfaithful spouse in a divorce. This is no longer the case, and a judge can only increase spousal support payments if, somehow, the adulterous relationship affected the recipient spouse’s financial well-being. New regulations are on the table in Florida that recognize significant relationships as a cause for terminating or reducing alimony payments. If one partner moves seamlessly into a situation in which they live with a new partner, even if they are not married, this might be reason enough to warrant cancelation of spousal support. 
  • Distribution of assets: If one partner spent marital assets on the support of an adulterous partner or used marital assets to take vacations or trips with a lover while married, this might affect the distribution of the marital assets in the divorce proceedings. 
  • Mediation and agreement negotiations: Adultery can create tension between partners that introduces a high level of stress during negotiations. Angry partners do not have an easy time in mediation, as they allow their emotions to interfere with their ability to negotiate. 

If your spouse has been unfaithful and you are filing for divorce in Florida, a divorce attorney at the office of Sandra Bonfiglio, P.A. can assist you. We provide representation in the Boca Raton and Fort Lauderdale regions.

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