More details to this question:
Florida resident. No children. Owns home with spouse. 11 year marriage. Both employed. Husband earns higher salary. He’s been having ongoing affair with same woman 3 years now. Detective has detailed report. Can this be used in Florida in determining Alimony amount?
1 ANSWER
Dear Anonymous:
Although Florida Statute 61.08(1) says that the court may consider adultery in an alimony determination, as a practical matter, unless the adulterous spouse has "squandered marital assets" on his/her paramour, usually the Courts do not give that issue great weight. Because there are no real guidelines for alimony in Florida statutes, it is difficult to really determine how much, if any, weight the courts will give this. Depending on the judge, they may not even want to hear about it. Nonetheless, since you've gone through the effort it doesn't hurt to try and introduce this, but it would be better if the report indicates he is using marital monies on this woman.
Sorry that I couldn't give you a more positive response.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward: 954-316-3496
Boca Raton: 561-962-2785
info@vovalaw.com
Answered on Oct 08th, 2018 at 7:15 AM