In my Florida divorce case, can I use my spouse's affair against them?
With respect to grounds for divorce, a spouse's affair is irrelevant in seeking a petition for divorce. Because Florida is a no-fault state, it does not matter whether one of the spouses had an affair. If the marriage is irretrievably broken, then a divorce can be filed and granted. However, a spouse's affair can become relevant with respect to the issue of equitable distribution. If the cheating spouse used marital assets or wasted funds gifting or spending on the other party, then the money spent will be put back in the pool of property to be distributed and go against the cheating spouse. However, the alimony statute does not provide nor will a court allow a spouse to be otherwise punished simply for committing adultery. In other words, the cheating spouse, unless they spent marital assets, would still be be awarded the same amount of alimony had they not cheated.