In Florida, marital infidelity, commonly defined as a violation of the marital vow of fidelity, can present a complex element in divorce proceedings. While it may be a significant factor in the emotional context of a dissolution of marriage, its direct impact on the legal outcomes, particularly the distribution of assets and liabilities, is nuanced.
The significance lies primarily in its potential connection to financial resources. If marital assets were demonstrably used in furtherance of the affair for instance, funds spent on travel, gifts, or accommodations a court may consider this a dissipation of marital assets. Such dissipation could lead to an unequal distribution of assets in favor of the aggrieved spouse to compensate for the loss of marital funds. Historically, proving fault grounds for divorce, including adultery, was essential. However, Florida is now a no-fault divorce state, eliminating the need to prove such fault for the dissolution to proceed.