Kathy D. Sheive Attorney at Law

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When your ex's infidelity impacts your Florida divorce

Just a few weeks ago, news of Amazon founder Jeff Bezos' adultery made national news. Soon thereafter, it came out that his wife was seeking a divorce. Although they reside out west, their split caused many individuals here in Florida to ask what impact does adultery have on requesting and settling a divorce. The truth is that it has very little impact on either.

In Florida, the two grounds on which you can request a divorce is if your spouse experiences diminished mental capacity or there's an irretrievable breakdown of your marriage. There are no grounds that have to do with a spouse stepping out on the other. You may just claim that it's irretrievably broken.

Most Kissimmee judges generally won't take time to have you present all the sordid details about your ex's extramarital affair as you may hope for as they're not concerned with the emotional impact it has had on you. They will, however, listen if you have documented proof of them having spent significant money on jewelry, vacations and other things on the object of their affection.

If you're able to document your ex's spending of money in wining and dining their new love interest, then you may be entitled to what's referred to as "unequal equitable distribution," the equivalent of half of what you can prove they spent on their side piece. As the spouse in Florida, you'd also be eligible for anything else you'd otherwise be entitled to under the standard equitable distribution as well.

Children and assets have a way of causing divorcing couples to be unable to reach agreements. The more properties, investments accounts and wealth shared between a couple, the more likely it is that their divorce is going to take time to resolve. Mediation can help expedite this. A property division attorney can help you negotiate an equitable distribution that is financially prudent for you and your family.

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