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Grant J. Gisondo, P.A. – Family Law Attorney

Does Infidelity Affect Alimony?

Home > Alimony  > Does Infidelity Affect Alimony?

Does Infidelity Affect Alimony?

Does Infidelity Affect Alimony

The answer to the question, “Does infidelity affect alimony?” is “yes.” But why is this so when at least in Florida which is a no-fault divorce state there does not have to be a reason for granting a divorce (now termed dissolution of marriage) other than the desire of one of the parties to end the marriage? Taking a look at the words infidelity and alimony with the additional observation of how infidelity can affect the award of alimony will help answer the question under consideration.

Infidelity: As defined by Wikipedia (synonyms include: cheating, straying, adultery {when married}, being unfaithful or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity.”

Alimony: As defined by The Legal Dictionary is “Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces. The purpose of alimony is to avoid any unfair economic consequences of a divorce, even after the property is divided and child support, if any, is awarded. “

So, in what way does infidelity affect alimony? Primarily alimony is affected when it can be proven a partner has used marital monies and/or marital assets to entertain and/or provide for a person found to be involved with the partner in question in a romantic way fitting the definition of infidelity. For example, a judge could increase the amount of alimony awarded when a spouse, using marital funds, has been taking another person on expensive trips, buying that person expensive gifts, and or providing financial assistance in any number of ways. The judge would reason that the mistreated spouse deserves to be monetarily compensated for improper use of marital funds, which should have belonged to the spouse, not the paramour. Additionally, the fact the guilty party has been spending large amounts of money, even money not considered marital would indicate to a judge that he or she was very capable of paying alimony. Alimony cannot be ordered if a party has no financial means to pay it.

If you are seeking a divorce and have good reason with proof to believe your spouse has been unfaithful and has used marital monies to support the infidelity, be sure to seek out a competent family law attorney who has been successful in seeking alimony awards for infidelity. Grant Gisondo, family law attorney, is an excellent choice if you live in Florida in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough County or New York or Washington, DC. He offers a free, in-office, initial consultation where he can answer your questions on infidelity and alimony and share how he can help in your particular case. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and for new clients, on Saturday from 8:30 AM to 1:00 PM. His office phone number is (561) 530-4568 to call for an appointment.

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