Does cheating have any bearing in a divorce in Florida?

Cheating is a common reason why many seek a divorce.  But, does this matter in Florida?  Florida is considered a no-fault state.  Simply put, you do not have to prove that the other was at fault for the ending of the marriage.  All that is needed is for one spouse to state that the marriage is irretrievably broken.  However, courts will take into account cheating during equitable distribution and alimony.

There is a presumption, in Florida, that marital assets and liabilities are to be divided equally.  Though, when a spouse uses marital assets and/or income to engage in an extramarital affair, a court will take this into consideration when determining the equitable distribution of marital property.  This will likely lead to an unequal equitable distribution.

With regards to alimony, Florida courts will consider adultery and its circumstances when determining the type and amount of alimony awarded.  One who has engaged in adultery and is seeking alimony may find the amount awarded to be less than he or she would like.