A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Florida, adultery can impact the division of assets during a divorce proceeding. While Florida is a no-fault divorce state, meaning that neither party has to prove fault to obtain a divorce, the court may consider adultery when determining the division of marital assets. If a spouse has spent marital funds on a paramour, the non-cheating spouse may raise this issue in court. The judge has the discretion to consider the misuse of marital assets when making a decision on the equitable distribution of property. This could result in the court ordering the cheating spouse to reimburse the marital estate for the amount spent on the paramour. The reimbursement could be in the form of returning the item if it retains value, such as jewelry, or by compensating the marital estate with separate funds. However, the specifics of each case can vary, and the outcome depends on the circumstances and the evidence presented. An attorney can provide guidance on how to best proceed with a claim for reimbursement of marital assets spent on a paramour in Florida.