Divorce is never easy, and it gets even more complicated when infidelity is involved. If you are navigating a divorce in Florida and wondering how an affair could affect alimony, especially under the new alimony laws, you’re not alone. Florida recently passed significant changes to how spousal support is awarded, and yes, adultery can make a difference.
At Melone Hatley, P.C., our experienced Tampa family law attorneys understand how personal and emotional these cases can be, especially when a grave betrayal is involved. We’re committed to helping you protect yourself and your financial future while navigating every twist and turn of Florida’s updated family laws.
What Changed with Alimony in Florida?
In 2023, Florida lawmakers overhauled the state’s alimony system. This reform had been in the works for years and finally passed as Senate Bill 1416, taking effect on July 1, 2023.
Here’s the breakdown of what’s new:
- No more permanent alimony – Florida courts can no longer order lifelong alimony in a divorce decision. Instead, the courts must focus on limited-term support designed to meet very specific needs. This clarifies things for both spouses and eliminates long-term financial entanglements.
- Four types of alimony now apply. These include bridge-the-gap support that provides short-term help transitioning to single life, rehabilitative support that allows a spouse to gain education and skills to become self-sufficient, durational support that is dependent on the length of the marriage, and temporary support, awarded during the divorce proceedings.
- Caps on duration now apply. Rehabilitative alimony is now capped at five years, and durational alimony is based on how long you were married – short-term marriages of less than 10 years, moderate-term marriages of 10 to 20 years, and long-term marriages of 20 years or more. There are no more indefinite timelines.
- There are now payment limits. Courts can’t order a paying spouse to pay more than 35% of the income difference between the two parties. This puts a guardrail on extreme alimony awards and encourages fairness.
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So Where Does Adultery Fit into This?
Even though Florida is a no-fault state, meaning spouses don’t have to prove misconduct to get divorced, that doesn’t mean that adultery is irrelevant. In fact, infidelity can influence how much alimony is awarded.
Under Florida Statute §61.08, judges can consider adultery when deciding spousal support, but only if it had a financial impact on the marriage. For instance, your spouse spent significant funds on lavish gifts and housing for their affair partner. If that was marital money they misused, the court can consider that. However, if your spouse’s affair didn’t affect you financially, the court probably won’t weigh it as heavily. The bottom line is that the court’s decision isn’t about punishing bad behavior but compensating for the economic impact of that behavior.
How Does This Play Out in a Real-Life Scenario?
Here is how adultery might actually impact an alimony award:
- If your spouse used joint money to support a relationship outside your marriage, you can bring this up in your divorce proceedings. Evidence like credit card statements, hotel bookings, or transferred funds could make a big difference in your case.
- Keep in mind that the burden is on you to prove that the affair had a financial impact on you. This might mean digging into financial records or showing how your spouse’s actions depleted your shared resources.
- The court will respond after evaluating the evidence. If the judge agrees that your spouse’s affair harmed you financially, they may award alimony in your favor. Conversely, the court may reduce or deny alimony to an unfaithful spouse.
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But Wasn’t This Already the Case in Florida?
Yes, even before the 2023 changes, Florida judges could already consider adultery in alimony decisions. Just like now, the focus wasn’t on the affair itself but how it affected the marital assets. The new law didn’t drastically shift this part of the equation. However, it reinforced and clarified the role adultery could play in alimony decisions in a few subtle but important ways.
It Reaffirms Adultery’s Relevance in Alimony Decisions
Even under the old statute, courts were permitted to consider adultery when determining spousal support if it had a financial impact. The new law retained the old law’s language, despite pressure from some advocates who wanted to remove subjective or morally-driven factors like infidelity. The reform reinforced the existing discretion judges have had to weigh infidelity in the context of financial harm, even as it streamlined and limited other aspects of alimony.
It Clarifies the Focus on Economic Impact
While earlier interpretations of the law allowed judges to consider the “circumstances” of adultery more broadly (which could have moral implications), the updated approach places stronger emphasis on tangible financial consequences. It makes clear that consideration must involve misuse of marital funds. Emotional distress or betrayal alone is not enough to alter alimony. This tightened the standard to avoid speculative or emotionally motivated rulings.
It Fits Within the More Structured Alimony Framework
Since the reform limited and redefined many aspects of alimony in Florida, the court’s discretion regarding adultery must now also operate within those clear boundaries. So even if adultery caused financial harm, it still must operate within the caps on income difference, rehabilitative time caps, and marriage length caps on durational alimony.
The end of a marriage is difficult enough, but when infidelity enters the picture, emotions can run high, and so can financial stakes. While evidence of adultery won’t automatically lead to a larger or smaller alimony award, it can still have a significant impact if there is a money trail to back it up.
If you’re facing divorce and wondering how Florida’s new alimony rules or your spouse’s infidelity might affect your case, now is the time to get legal guidance. At Melone Hatley, P.C., our experienced Tampa family law attorneys are here to stand by your side, explain your options, and fight for what’s fair. Call us at (813) 400 – 1602 or schedule a free consultation with a Client Services Coordinator.
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