How does adultery affect alimony?

The court cannot order or deny an alimony award to punish a spouse for his/her extra-marital affairs. However, F.S. 61.08 (1) states “the court may consider adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” The primary issue with adultery is “did the affair cause a depletion of marital assets?” If so, the court will consider the adultery in determining the amount of an alimony award.

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