Adultery and Alimony in Florida

Alimony is payments from one ex-spouse to another to help them maintain their standard of living after a divorce. Some, but not all, divorces include alimony. If both spouses worked and earned approximately the same income, alimony is less of an issue. In contrast, if the couple consisted of one high earning spouse and another who gave up a career to become a stay-at-home parent, alimony becomes more of a concern. The Florida courts use several factors in determining whether alimony should be included in a divorce agreement. These include:

• “The standard of living established during the marriage.
• The duration of the marriage.
• The age and the physical and emotional condition of each party.
• The financial resources of each party…[such as] the earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
• The responsibilities each party will have with regard to any minor children they have in common.
• The tax treatment and consequences to both parties of any alimony award…
• All sources of income available to either party…
• Any other factor necessary to do equity and justice between the parties”[1]

Often, clients have a moral conviction that if a spouse cheated, then the cheater automatically forfeits the right to receive alimony or must pay the other spouse a high level of alimony. In reality, the law states that “The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”[2]

In many cases, the spouse who cheated spent marital assets on the extramarital affair, such as paying for dinners, jewelry, vacations, cell phones, etc. This is called the “dissipation of marital assets”. When this occurs, the court can award an unequal division of assets in favor of the spouse who did not dissipate the assets.

Proving dissipation of marital assets requires evidence showing the total amount of assets dissipated and specifically how they were spent. If you suspect that your spouse is having an affair and want to file for divorce, contact Troy Legal. We will thoroughly investigate any dissipation of assets as well as aggressively pursue a fair alimony award and division of assets to enable you to start your new life as whole as possible.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

Troy Legal – Miami Suntrust International Center 1 Southeast 3rd Avenue, Suite 1920 Miami, Fl 33131  (T) (305) 514-0466 (F) (888) 879-7578

Troy Legal – Boca Raton Crystal Corporate Center 2500 N. Military Trail., Suite 460 Boca Raton, FL 33431 (T) (561) 910-4570 (F) (888) 879-7578

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[1] Online Sunshine. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed June 26, 2023.

[2] Online Sunshine. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed June 26, 2023.