What is the impact of infidelity on a Florida divorce?

The Legal Repercussions of Infidelity in Florida Divorce Proceedings

Infidelity can be a critical factor in the emotional landscape of a divorce, but its impact on the legal process varies from state to state. In Florida, which operates under the principles of 'no-fault' divorce, infidelity may not always be as legally relevant as one might expect. This article will explore how adultery can affect different aspects of a divorce case in Florida.

Understanding No-Fault Divorce in Florida

In Florida, the law does not require spouses to prove fault to obtain a divorce. Instead, one must only demonstrate that the marriage is 'irretrievably broken.' However, this does not mean that infidelity is entirely irrelevant to the proceedings.

Alimony Considerations

When it comes to alimony, or spousal support, infidelity can indeed come into play. Under Florida statutes, the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. For example, if it is shown that marital assets were used to support an extramarital affair, this might impact the court's decisions regarding alimony payments.

Division of Marital Assets

Similarly, when dividing marital property, the court aims for an equitable distribution. While infidelity alone does not dictate how assets are split, financial misconduct related to an affair (such as one spouse spending significant marital funds on a paramour) can influence the court's division of assets.

Child Custody and Visitation Rights

Infidelity may also be a factor in determinations of child custody and visitation rights, but only if it can be shown that the infidelity had or could have a negative impact on the child's welfare. The best interest of the child is always the paramount concern in these decisions.

Historical and Contemporary Cases

Historically, adultery played a more significant role in divorce cases prior to the adoption of no-fault divorce laws. In those times, proving a spouse's infidelity was often necessary to obtain a divorce at all. Today, while no longer central to initiating divorce proceedings, examples abound where courts have considered adultery when deliberating on alimony and property division. Notably, in cases where infidelity directly impacted family finances or children's well-being, courts have been more inclined to consider it as a pertinent issue.


In summary, while Florida's no-fault divorce system means that proving infidelity is not required to dissolve a marriage, it can still influence certain aspects of divorce proceedings. It is crucial for individuals involved in divorces where infidelity is a factor to seek competent legal advice to understand how it may affect their particular case.