How does marital fault affect alimony in Florida?

In general, Florida is a no-fault divorce state. In other words, the fault of either of the parties does not come into play when it comes to determining the outcome of a dissolution of marriage action. That having been said, there is a large exception to that. If the fault cost the other spouse money, spending money in Las Vegas on a significant other just prior to a final hearing, some other medical condition caused by the other spouse such as venereal disease or something along those lines, then that fault can change the award, but only to help compensate the afflicted party for the financial damage they have sustained from the fault. You really need to be able to tie the fault to some financial consequence.

Back to the particular question, despite the fact that the Florida Statutes list as a factor in determining alimony the concept of fault, it has been adjudicated by the courts in Florida that what that means is fault that cost money. All of that having been said, when somebody asks a court for alimony, you’re asking a human being behind a table, a judge, it’s true, but still a human being to award alimony. I cannot state without saying this, that fault has absolutely no impact on a request for alimony when in fact a human being is making the decision.

If you would like to discuss your Legal issues with S. David Anton, Esq. of the Anton Legal Group then please call us today at 813-443-5249 to schedule an appointment.