Divorce and Affairs in Florida: What Really Matters

Florida is a no-fault divorce state, so cheating doesn’t affect whether you can get divorced, but it can impact the financial settlement if marital money was used to support the affair. Courts won’t punish infidelity emotionally, but they may adjust asset division if one spouse financially depleted the family’s assets for the affair.

In Florida, divorces are handled under a “no-fault” system.  No-Fault divorce means you don’t have to prove that someone cheated or did something wrong to get divorced. Simply stating that the marriage is “irretrievably broken” is enough.

But does that mean affairs don’t matter at all? Not quite.

Affairs and Financial Impact

While an affair by itself won’t change whether a judge grants a divorce, it can affect the financial outcome, especially if one spouse used marital money to support an outside relationship.

This is known as marital asset depletion, and it can lead to changes in how property and finances are divided.

How Cheating Can Affect Finances

If a spouse spends money on a boyfriend or girlfriend, such as gifts, travel, or hotel stays, that spending can reduce their share of the marital assets. The judge may give the other spouse a larger portion of property, retirement accounts, or savings to make up for the loss.

To prove this, it is important to gather financial documents that show where the money went. This can include bank records, credit card statements, and receipts.

Emotional vs. Legal Concerns

You may feel hurt or betrayed, and those feelings are valid. However, courts in Florida focus on facts and fairness, not on emotions. Judges are unlikely to be swayed by dramatic stories of infidelity.

If you need space to discuss the emotional impact of the affair on your life, Collaborative Divorce provides a better environment. The Collaborative Divorce process creates an opportunity for you to be heard and encourages respectful communication to allow you to move on with your life.

Florida does not punish cheating with legal consequences, but misuse of money can matter a lot. If you focus on the financial facts and avoid courtroom drama, you will likely end up with a fairer outcome and a smoother divorce process.

Zaneta Matthews is an Orlando family law attorney known for guiding clients through the divorce process with empathy and clarity. She believes that how a divorce begins can greatly influence how it ends and works with clients to set the tone for respectful, collaborative outcomes. She is a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals. If you need help with your divorce question? 📞 Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.