Can A Cheating Spouse Be Punished By Florida Divorce Courts?

The short answer is It depends. Florida is a no fault state, which means that adultery does not matter when it comes to how assets and liabilities are distributed, or which parent has a higher percentage of time sharing (visitation/custody) or if that cheating spouse has to pay alimony (spousal support). I know that this makes the betrayed spouse very disappointed; however, no fault, means no fault. If the betrayed spouse can prove by preponderance of the evidence (or by agreement) that the cheating spouse used marital funds and/or assets to finance the affair, that is a different story; If martial funds or assets are utilized, the cheating spouse will have to return half of the funds used (the cheating spouse keeps the half that would have been his or hers) and the other half is paid to the betrayed spouse. For more information on adultery, and what that means for your case you can contact the firm of Schwam-Wilcox & Associates by calling 407-245-7700, e-mailing or by visiting the website at
Home Office: Orlando
Tags: Adultery, Schwam-Wilcox & Associates, affair, cheating, custody, marital funds, preponderance, visitation
By Camy B. Schwam-Wilcox of Schwam-Wilcox & Associates, Attorneys and Counselors at Law posted in Divorce/Dissolution of Marriage, Originally Posted on Thursday, February 12, 2015.

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