Navigating the complexities of divorce can be challenging and stressful, and one common concern attorneys hear often from clients is: “Do I have to pay spousal support if my ex cheated on me?” It’s an understandable concern, given the emotional weight that infidelity carries. However, the answer may not be as straightforward as you might think.

The Role of Infidelity in Spousal Support

Florida is a no-fault divorce state. That means you can file for divorce without citing any wrongdoing by your spouse. You only need to prove that the marriage is “irretrievably broken” in Florida to petition for divorce.

A new alimony law in Florida went into effect on July 1, 2023, eliminating permanent alimony and replacing it with four different types of alimony including temporary, bridge-the-gap, rehabilitative and durational alimony. In addition, courts now may consider the adultery of either spouse during the marriage when deciding issues such as alimony, child custody or property distribution.

Florida law does not automatically exempt a spouse from paying alimony because the other spouse was unfaithful. The court considers several factors in determining spousal support, including the couple’s standard of living during the marriage, the length of the marriage, the age and physical condition of each party, each party’s financial resources and earning capacity, and the contributions of each party to the marriage including education, careers, home making and child care.

With the new types of alimony awards, it’s critical to retain an experienced Florida attorney who understands the new law and can help you navigate the complexities and protect your rights.

Infidelity and Alimony: A Complex Interplay

Although infidelity doesn’t automatically disqualify a spouse from receiving alimony, it could potentially have an impact. For example, if the unfaithful spouse used marital assets to support the affair – such as buying gifts, paying for vacations, or renting an apartment for their lover – the court may consider this “marital waste” and it could affect the alimony decision.

However, proving that the infidelity had a significant financial impact on the marital assets can be difficult and may require substantial evidence. It’s also important to remember that the primary focus of alimony is financial, not punitive. The court’s goal is to ensure that both parties can maintain a standard of living similar to that enjoyed during the marriage.

Spousal Support and Infidelity: Let RTRLAW’s Divorce Lawyers Assist You

Divorce proceedings, especially those involving infidelity, can be emotionally charged and complex. It’s crucial to have an experienced legal team on your side to guide you through the process and protect your rights.

At RTRLAW, our skilled family law attorneys understand the nuances of Florida divorce law and recently enacted laws, and can provide you with the expertise needed to navigate this challenging time. We’ll advocate for you, ensuring that all relevant factors are considered in your case.

If you’re facing issues related to spousal support and infidelity, reach out to RTRLAW for legal assistance. Contact us today to explore your options and find out how we can assist you with your family law matter. We offer a no-obligation case review and affordable retainer agreements. Call or text us toll free at 1-833-HIRE-RTR (1-833-447-3787) or chat with us online now.