Going through a divorce is never easy. And it’s made all the more difficult in the case of a cheating spouse. Many thoughts may be running through one’s head when thinking about the divorce process. A certain thought may stick out in particular: can my cheating spouse get alimony? If you need help, The Berman Law Group has you covered. Keep on reading to learn more information on whether or not your cheating spouse can get alimony.
What is Alimony?
Alimony is a legal obligation – usually financial support – that a spouse has to provide to their former spouse either during and/or after a divorce or legal separation. It is also known as “spousal support” or “maintenance.”
Dissipation of Assets
A significant basis for cheating affecting how much alimony is awarded in a divorce case is due to what is known as “dissipation of assets.” According to Florida laws, dissipation of assets is when an unfaithful spouse purposefully spends money from marital assets to support his or her’s other relationship, which put the innocent spouse at a disadvantage.
There is a high chance that if your spouse was committing adultery for some period of time, marital assets were spent on it. This is whether it was from secret meetups, gifts, housing, or even covert joint accounts.
Cheating Claims Need Evidence
Evidence is needed to prove a legitimate claim of adultery, especially if alimony is expected to be given when one files for divorce. According to the Florida statute that discusses alimony, a court can take into consideration the fact that a spouse cheated while they were still married when they are determining how much spousal support should be given.
Evidence is also an essential aspect of proving allegations of adultery, as it can be a difficult process. All proof must be official and documented. A court can especially examine specifications of alimony distribution if it finds evidence to prove that various marital property or funds were purposefully misused in order to help out the affair. The spouse who was cheated on must prove that:
- The adulterous spouse deliberately misused marital assets.
- Misused marital assets worked against the loyal spouse’s financial state.
- Actions were perpetrated on purpose without the spouse’s consent or knowledge.
- The adulterous spouse’s misuse of marital funds resulted in the disappearance of assets.
Florida as a “No-Fault” State
No matter the reason for filing divorce – whether it is due to infidelity, financial issues or irreconcilable differences – Florida is a state that allows “no-fault” divorces. A no-fault divorce is one that allows a partner to acquire a divorce through a court that is based solely on finding incompatibility between partners. The only two “grounds for divorce” being: irreconcilable differences or the mental incapacity of one of the parties for a period of three years. Essentially, just because someone participated in some type of bad behavior – such as infidelity or gambling – the potential of the other partner to file for divorce is not impacted.
Anyone who finds themselves in the middle of a divorce due to claims of adultery, The Berman Law Group can help you in all aspects, from filing it to discussing alimony. Our firm’s experienced South Florida divorce attorneys are here for you and your case no matter how extensive it may seem. Call us today at (800) 883-5206 for a free consultation.