Select your state

Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Florida, adultery is considered a misdemeanor of the second degree under Florida Statutes Annotated § 798.01. However, in practice, criminal prosecution for adultery is rare. In the context of divorce, Florida is a no-fault divorce state, which means that neither party has to prove fault to obtain a divorce. Instead, the party filing for divorce only needs to claim that the marriage is 'irretrievably broken' under Florida Statutes Annotated § 61.052. Despite this, evidence of adultery may still be relevant in divorce proceedings, particularly when it comes to alimony and the distribution of marital assets. Under Florida Statutes Annotated § 61.08, the court may consider adultery when determining whether to award alimony and the nature, amount, duration, and manner of payment. Additionally, while Florida courts generally divide marital assets equitably, adultery can be a factor in deciding whether an unequal distribution of assets is justified if the adultery resulted in the dissipation or depletion of marital assets.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Divorce

adultery

Individual & Family Legal Plan

Articles

Florida State Code

Florida State Code

Divorce

adultery

Articles