Will adultery have any impact on the alimony I pay or receive?
Under F.S. 61.08, the only “fault” explicitly mentioned as a component for determining alimony is adultery. However, adultery is not the primary deciding factor and offers no guarantees. The statute rather allows the court to use discretion when considering adultery and establishing whether a monetary award should be granted and the amount of said award. Alimony cannot be awarded or withheld simply on the basis of punishing an adulterous spouse. The Florida Supreme Court ruled “the primary standards used in fashioning an equitable alimony award are the needs of one spouse and the ability of the other to pay” Noah v. Noah, 491 So.2d 1124, 1127 (Fla. 1986). In order for adultery to be considered, the misconduct must have lead to depletion of marital property Alimony cannot be awarded or withheld simply on the basis of punishing an adulterous spouseThe unfaithfulness of either spouse does not take precedence over financial need and ability to pay.