When you and your spouse tie the knot, you may be overjoyed to spend the rest of your life with them. However, discovering that they have been unfaithful can drastically impact the outcome of your relationship. As such, if you make the decision to leave, understanding the impact that cheating can have on your divorce is critical. One area many have questions regarding is whether or not adultery will impact the outcome of alimony payments. The following blog and Tampa alimony lawyers can help you understand your rights during these difficult times.
How Is Alimony Determined in Tampa?
There is a common misconception surrounding divorce that whichever spouse is the lower-income earner will automatically receive alimony payments, which is far from the truth. In reality, you’ll find that if one party wants alimony, they must request it when filing the divorce petition. Similarly, just because the request is made does not mean it is automatically granted. Instead, the judge assigned to your divorce case will examine several circumstances to determine if this is necessary. As such, the judge assigned to your case will examine the following:
- The age and health of each spouse
- The income of each spouse
- Whether or not one spouse sacrificed their career to support the other
- The domestic and financial contributions of each spouse
- If one spouse were to reenter the workforce, the supplemental education they would need
- The current state of the job market
- The tax consequences of alimony, if any
- The distribution of marital assets
It’s also important to understand that the judge will use these factors to determine the amount of each payment and their duration.
If My Spouse Cheated, Will That Impact Alimony Payments?
It’s important to understand that Florida is a no-fault divorce state. As such, there is no need to prove wrongdoing by one party in order to get a divorce, as you only need to cite irreconcilable differences. However, if your spouse has cheated on you, it’s important to understand your legal options.
As such, you’ll find that cheating generally will not impact the outcome of your divorce. However, you should note that in some instances, your spouse’s actions can impact the outcome of your divorce. You’ll find, for example, that if your spouse used marital funds to pay for their affair, such as taking money from a joint bank account to pay for dinners or hotel rooms, the judge can factor this into consideration when dividing marital assets and assigning alimony. It’s important that this is not done as a means of punishing your spouse for their infidelity, but rather as a way to compensate you for their misuse of marital assets. Cheating will not carry the same weight, however, when the judge is taking these factors into consideration.
If your spouse has cheated on you, it can undoubtedly be an incredibly difficult matter to navigate. As such, it’s imperative to understand that working with an attorney is critical. A divorce involving infidelity can be incredibly emotional, so having an experienced attorney assist you through these difficult matters is in your best interest. At Tampa Law Group, our dedicated firm understands that these matters can be incredibly overwhelming, which is why we will do everything possible to fight for an ideal outcome.
