In Florida, marital infidelity does not directly impact the equitable distribution of assets or spousal support (alimony) determination in a divorce proceeding. While evidence of extramarital affairs may be presented, it’s primarily relevant if it can be demonstrated that marital assets were dissipated as a direct result of the affair. For example, if funds were used to support the extramarital relationship, this can influence how assets are divided.
Historically, marital misconduct, including infidelity, was a more significant factor in divorce cases. However, Florida is a “no-fault” divorce state. This means that a divorce can be granted based solely on the assertion that the marriage is irretrievably broken, removing the need to prove wrongdoing. While conduct isn’t generally a deciding factor in alimony or asset division, there are exceptions when economic harm is caused.
