In Florida’s luxurious communities, high net worth divorces often involve intricate financial matters. When infidelity enters the picture, it adds another dimension to asset division. Many wealthy individuals wonder how their or their spouse’s unfaithfulness might impact the split of their substantial assets.
Defining adultery
Florida law defines adultery as:
- A married person having voluntary intercourse with someone other than their spouse
- Physical or circumstantial evidence may be required
- Emotional affairs without physical intimacy typically don’t count
Florida operates as a “no-fault” divorce state, meaning adultery isn’t grounds for divorce. However, it can still influence property division.
Adultery’s impact on asset division
While infidelity doesn’t directly affect the equal distribution of marital assets in Florida, it can indirectly sway the outcome:
- Wasting of marital assets: If the unfaithful spouse spent marital funds on their affair partner (e.g., gifts, trips, housing), the court may award the wronged spouse a larger share of remaining assets as compensation.
- Alimony considerations: In rare cases, extreme adultery that caused emotional distress or financial harm could influence alimony decisions.
- Asset valuation: The discovery of an affair might prompt a more thorough investigation of assets, potentially revealing hidden wealth or undervalued properties.
- Negotiation power: Knowledge of infidelity can give the wronged spouse an advantage during settlement talks, possibly leading to a more favorable asset split.
These factors can play a role in property division, but Florida courts primarily focus on equitable distribution based on financial factors rather than moral judgments.
While adultery doesn’t directly determine asset division in high-net-worth Florida divorces, its indirect effects can significantly impact the outcome. If you’re going through a divorce involving infidelity, working with an attorney who knows Florida law can help protect your financial interests during this challenging process.
Remember, each divorce case is unique, and the impact of adultery on property division can vary. Always consult with a qualified legal professional for advice tailored to your specific situation.
