Does An Extra-Marital Affair Impact Alimony In A Divorce Case?
An extramarital affair does not impact alimony in a divorce case. When it comes to divorce, Florida is a no-fault state. In other words, the reason a couple is divorcing does not matter. The legal standard is irreconcilable differences.
The only effect that an extramarital affair can have on a divorce is if one of the spouses is spending marital money on their paramour. The other spouse could be entitled to a credit for half of the money spent on the extramarital affair. But it doesn’t automatically mean that the spouse is going to receive spousal support or alimony.
I Had An Affair. Does That Mean I Will Not Get Any Spousal Support Or Alimony?
An affair does not impact the court’s decision on whether or not a person receives spousal support or alimony. In Florida, alimony or spousal support is based on need and ability to pay. If you are the lesser earning spouse, and you have a need to meet your monthly expenses, and your spouse makes more money and has the ability to help support your needs, then the court can order alimony. Many other issues are considered to justify an alimony award, but an affair is not going to have a direct impact on whether alimony or spousal support is awarded.
Is It True That The Man Never Ends Up Getting Alimony Or Spousal Support?
It is not true that men are never awarded alimony or spousal support. Spousal support in Florida is based on need and ability to pay regardless of gender. In divorces, there is usually one spouse who is the higher earner and one spouse that is the lesser earner or a stay at home spouse. In all divorces, the court is going to look at the lesser earning spouse’s needs and ability to meet their monthly financial obligations, and whether the higher-earning spouse can pay or contribute to the other spouse’s needs to meet their monthly financial burden. There are cases where one of the spouses may, in fact, have a need because they were a stay at home spouse, but the other spouse doesn’t earn enough money to give that support. Alimony is always going to be determined on a case by case basis, and just because one person makes more money doesn’t automatically mean that they have to provide alimony or spousal support.
Are All Divorces Expensive? If So, Does it Matter Who I Hire To Represent Me?
Divorce does not have to be expensive. However, the more issues that you and your spouse have that are not agreed upon, the more expensive it’s going to be. Many couples hire separate lawyers to represent them, which can add to cost and time. On any issue, the quicker that you can agree on matters and move on to other matters, the less expensive it is going to be. Regarding who you hire to handle your case, it is very important that you hire someone that is competent, that knows what they are doing, and that will advise and guide you on what issues are worth spending more time on. Conceding or compromising versus fighting will minimize the total amount of money you are going to pay attorneys.
The attorney you hire is a significant decision because costs will vary depending on the lawyer. Some lawyers will fight over every single issue regardless of whether it’s legitimate or not. Other lawyers will not fight enough. When I get hired, I explain everything to the client upfront so that they can make informed decisions on every issue that we choose to contest. We will do a cost benefit analysis to determine whether spending more time and money fighting a particular issue is worth it, or whether it is a smarter and better financial decision to reach a compromise.
Can We Handle A Divorce On Our Own If We Want To End Our Marriage Mutually?
It is possible to end a marriage mutually without the assistance of an attorney. Florida has a procedure called simplified divorce. Couples can use a simplified divorce when there are no children and no property to divide. However, many clients have sought my help after trying to complete their simplified divorce because of problems with particular court requirements. Even if you want to handle your own dissolution of marriage and minimize the costs, it’s always wise to at least consult with a lawyer. You might have to pay for the consultation, but they can look over your documents. They can tell you if everything is adequate and that little bit of time and money spent consulting with a lawyer to review everything could prepare you well enough to file with the court.
The law in Florida is equitable distribution. It means that the starting point for dividing assets is 50/50. Both sides will have an opportunity to make arguments if they believe that they should get more or less of any particular asset. However, you should go into the divorce proceeding prepared to walk away with half of the assets.
For more information on Spousal Support/Alimony In A Florida Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.
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