Spousal support, also known as alimony, aims to support a spouse financially after a divorce. In Florida, many factors affect whether a spouse receives alimony and how much they may get. One question people often ask is whether fault, like infidelity, plays a role in these decisions.
Fault and its role in spousal support
In Florida, fault can influence spousal support decisions, but it is not the primary factor. Florida follows a “no-fault” divorce system, meaning that either spouse can seek a divorce without proving wrongdoing. However, in some cases, actions like adultery may impact the alimony award if they significantly affected the couple’s finances.
When does fault affect spousal support?
Judges may consider fault when the misconduct led to financial harm. For example, if a spouse used marital funds to support an affair, this could influence how much alimony the other spouse receives. The court will look at how the misconduct affected the couple’s financial situation when making decisions on alimony.
Other factors that determine spousal support
While fault can play a role, Florida courts primarily consider other factors. These include the length of the marriage, the financial resources of each spouse, the standard of living during the marriage, and each spouse’s earning ability. The goal of spousal support is to ensure both spouses can maintain a similar quality of life after divorce.
How judges approach fault and fairness
Judges strive to be fair when awarding spousal support. Even if fault is considered, it will not be the only deciding factor. The court will weigh all the elements of the case to ensure that both spouses receive a fair outcome. Alimony is intended to provide support, not to punish a spouse for misconduct.
Understanding how fault may impact spousal support in Florida can be challenging. Consult an experienced family law attorney to determine how these rules may apply in your specific situation.