While the act of cheating itself isn't illegal in Florida, the consequences of infidelity can have significant legal ramifications within the context of divorce proceedings. Florida is a "no-fault" divorce state, meaning you don't need to prove fault (like adultery) to get a divorce. However, evidence of infidelity can significantly impact several aspects of the divorce process. Let's explore this further.
What Constitutes Cheating in a Legal Context?
In a legal context, "cheating" or infidelity isn't a specific crime. However, evidence of an extramarital affair can be used to influence decisions regarding:
Alimony (Spousal Support):
While not directly a determinant, evidence of adultery can be considered by a judge when determining the amount and duration of alimony. If one spouse's infidelity contributed to the breakdown of the marriage, the judge might adjust alimony accordingly. This isn't automatic; the judge will consider all the circumstances of the case.
Child Custody and Visitation:
Infidelity, in itself, rarely directly affects child custody. Florida courts prioritize the best interests of the child. However, if the infidelity involves risky behaviors (like bringing a third party into the family home while children are present, or engaging in substance abuse linked to the affair), this could influence custody decisions. The focus remains on ensuring a safe and stable environment for the children.
Division of Marital Assets:
Adultery doesn't directly impact the division of marital assets in Florida. Florida is an equitable distribution state, meaning marital assets are divided fairly, but not necessarily equally, between the spouses. Factors considered include the length of the marriage, each spouse's contributions, and the needs of the parties. While infidelity isn't a primary factor, extreme spending related to an affair (e.g., lavish gifts to the other person) might be considered when determining the equitable distribution.
Is There a Legal Remedy for Cheating in Florida?
There's no legal claim for "cheating" itself. You can't sue your spouse for infidelity. However, if the affair involves other illegal activities, such as:
- Bigamy: Marrying another person while already legally married is a criminal offense.
- Domestic Violence: Physical or emotional abuse related to the affair can lead to criminal charges and restraining orders.
These are separate legal actions, not directly connected to the adultery itself.
What About Emotional Distress?
While you cannot sue for infidelity, in some very limited cases, intentional infliction of emotional distress could be argued if the actions surrounding the infidelity were especially egregious and caused severe emotional harm. This is a high legal bar to meet and success is not guaranteed.
Can I Use Evidence of Infidelity in My Divorce?
Yes, evidence of infidelity can be presented to the court. However, it's crucial to present this evidence appropriately and ethically through legal channels. Your attorney can advise you on how best to present this information without damaging your case in other ways.
Disclaimer: This information is for educational purposes only and not legal advice. If you have questions about your specific legal situation, you should consult with a qualified family law attorney in Florida. They can provide personalized guidance based on the details of your case.
