One of the most common reasons for divorce in the United States is infidelity. When one partner cheats on the other, it can sever the bonds of trust in such a way that it can never be repaired. These cases are often very emotional with one party wanting to make the cheating spouse pay. As a “no fault” divorce state, however, the adultery will not matter when it comes time to divide assets or assign spousal support.
Prior to Florida adopting no fault divorce, one party would have to prove certain faults in the other. While infidelity would certainly be grounds for fault in a divorce, there were other factors that were more difficult to prove. For instance, mental cruelty can be difficult for one party to prove since the injuries are completely internal. If a judge ruled that the party seeking a divorce did not meet their burden, the two people would be forced to remain together.
The downside to this is that when one party egregiously breaks the bonds of marriage (such as by being unfaithful to their partner), it does not necessarily lead to the aggrieved party receiving anything for their heartache. In fact, in some cases, it may even lead to the cheating partner being rewarded for their infidelity by receiving spousal maintenance if they are a stay at home parent while their partner works outside the home.
Of course, adultery may still be considered in regards to other factors in a divorce. For instance, if the two parties had a prenuptial agreement that outlined penalties for divorce, such behavior would certainly be relevant. Also, if there are children involved, the court may decide that it is in the best interest of the children not to live with a parent and their new partner as they seek to adjust to the divorce.
