Divorce is painful under any circumstances, but discovering a spouse’s affair can feel like a double blow—one to the heart and one to the future you imagined. Florida is a “no-fault” state, meaning you do not need to prove adultery to dissolve the marriage; a simple declaration that the relationship is “irretrievably broken” is enough (Florida Bar Divorce Pamphlet, Overview). Yet “fault” hasn’t disappeared entirely. Below is a clear-eyed look from Florida Women’s Law Group—the only divorce and family-law firm in Northeast Florida created by women, for women—at how infidelity can still shape key pieces of your case.
No-Fault Filing ≠ No Consequences
- Under Florida Statute § 61.052, either spouse may file without alleging wrongdoing, and the court will grant the divorce once residency and other basics are met (statute text)
- However, the conduct that ended the marriage, including adultery, could still sway later decisions in your case regarding alimony, the parenting plan, and the possibility of equitable distribution
Alimony: Adultery + Economic Impact
- Florida’s alimony statute lets judges “consider the adultery of either spouse and any resulting economic impact” when deciding support (§ 61.08)
- For example, if you can prove that marital funds were paid for hotel rooms or luxury gifts, that could waste can boost (or reduce) an alimony award
Equitable Distribution & “Waste” of Assets
- Fla. Stat. § 61.075 governs equitable distribution of marital property, and courts may consider "intentional dissipation, waste, depletion, or destruction of marital assets" caused by misconduct
- Courts may credit you for assets your spouse dissipated on the affair, thanks to the rule on “intentional dissipation or waste” within two years of filing (§ 61.075)
- For example, if your spouse spent $15,000 of marital funds on a luxury vacation with their affair partner, the judge could add that $15,000 back to your side of the ledger before the remaining assets are divided
Parenting Plans & Moral Fitness
- Parenting plans are designed to serve the best interests of the child, and courts focus on factors that directly affect the child’s well-being
- Adultery itself does not automatically affect time-sharing or parental responsibility unless it has a tangible, negative impact on the child
- Judges weigh “the moral fitness of the parents” when approving parenting plans (§ 61.13)
- The judge could also possibly consider exposure to inappropriate situations, neglect of parental duties, and financial impact on the child.
- Adultery alone rarely decides custody, but evidence that the affair harmed a child’s stability or safety could be considered
Attorney’s Fees & Litigation Posture
- If adultery triggered needless litigation or financial waste, the court may order the at-fault spouse to contribute to the other party’s legal fees
- For example, if the cheating spouse refuses to settle and forces costly subpoenas and depositions of the affair partner, the judge can shift those added attorney’s fees onto the unfaithful spouse
Gathering Proof, Legally and Strategically
- Track financial records including bank, credit-card, and payment-app statements, which can reveal affair-related spending
- Collect evidence lawfully and save texts or emails only if you already have authorized access; this means no hacking
- Maintain a timeline that notes dates, amounts, and descriptions, as subpoenas can later confirm the paper trail
- Courts may also consider witness testimony or rely on information obtained by a private investigator
Emotional Fallout & Support
- Infidelity often triggers anxiety, depression, and self-doubt (see the APA’s overview of infidelity trauma)
- Therapy not only fosters healing but can bolster alimony claims based on medical need
You Don’t Need to Navigate Infidelity Alone
Betrayal may have rewritten your past, but with the right advocate, it doesn’t have to dictate your future. Florida Women’s Law Group pairs compassionate counsel with courtroom muscle to help wives emerge stronger, financially and emotionally, after adultery.
Founder Heather Quick holds an AV Preeminent® rating from Martindale-Hubbell and has been listed among Super Lawyers® Rising Stars. The firm maintains a 4-star Google rating built on hundreds of client reviews.
With 50+ years of collective family-law experience and a record of getting our clients what they deserve, our all-woman team knows how to leverage the hard facts of the case to reclaim your future. Contact us today to schedule your confidential consultation.
