Alimony for Adultery in Florida?
Posted By Posted by Chris Givens on Aug 19, 2015 3:20pm PDT || Aug 19, 2015
Florida is often referred to as a no fault divorce state. The lack of a requirement to prove fault when getting a divorce in Florida is generally thought of as contributing to a shorter divorce case. No longer do couples going through a family law case have to prove that the other spouse is at fault to get a divorce.
Often times parties who have been cheated on are not happy about Florida's family laws not giving more to aggrieved spouses. In the Weymouth v. Weymouth case, one Florida court did find that alimony was appropriate because of one spouse's adultery.
In the Weymouth case, the parties reached an antenuptial agreement (prenup) that stated that there would be no alimony, unless one party committed adultery. In this case, because the antenuptial agreement provided for alimony upon a finding of adultery, the wife was entitled to alimony when circumstantial evidence showed that the husband was involved in an affair, and that affair was found to be the basis for the divorce.