Myth #4 – Adulterers Lose Divorce Cases

Once upon a time, if a spouse cheated, they were not entitled to alimony.   That is no longer the case, under most circumstances.  Florida is a “no fault” state, meaning that one of the parties needs to believe the marriage is irretrievably broken.  “Fault” does not enter in to the equation.

The one exception is if one spouse spends recklessly on the person that they are cheating with, depleting family resources for “a fling”.  This is called marital waste.  If proven in court, the impacted spouse would be eligible for half of what was spent on marital waste.