The simple answer is no.
Florida is considered a “no-fault” state and has a “no fault” policy when dealing with an affair. Florida’s “no fault” policy during a divorce removes adultery from determining whether or not adissolution will be granted; when your spouse has an affair it is also not relevant to the financial issues involved during a dissolution in Florida. Some people will automatically assume that if your spouse has had an affair it will directly relate to the division of marital assets and debts.
Even though it may be disappointing to most, it is most often that the spouse having the affair will not be punished in any way during the divorce proceedings when dividing marital property and debts. However, when a spouse’s affair is funded from marital assets and/or income, Florida law will provide for an exception to the “no-fault” dissolution policy. If your spouse is able to provide substantial “gifts” to the individual that you spouse was/is engaged with during the affair, the use of the marital assets/income to further the affair may be taken into consideration during equitable distribution. It will also be taken into consideration if your spouse is collaborating with the person during the affair to hide assets. Doing this would constitute a violation of that spouse to disclose marital assets, which would make the affair relevant when the Court is making the determination to equitably distribute marital assets and debts.
For more information on this matter or any other issue that you may need an experienced attorney for, contact our office at (904) 722-3333 to schedule a free consultation in person or over the phone.
