You found the messages. Or maybe it was a hotel receipt, a suspicious credit card charge, or a confession you never wanted to hear. However you found out, you now know your spouse was unfaithful.

If the affair is one of the reasons your marriage is ending, you may have one question in the back of your mind:

“Do I get more in the divorce because they cheated?”

It is an understandable question. After all, if your spouse is the one who broke the trust in your marriage, it may seem unfair for them to walk away with the same share of everything you built together. But divorce law and emotional fairness do not always work the same way.

In Florida, cheating does not automatically mean the faithful spouse gets more property, more alimony, or more time with the children. An affair can still become relevant, however, particularly when it has financial consequences.

 

Does Cheating Matter in a Florida Divorce?

Florida is a no-fault divorce state. You generally do not have to prove that your spouse cheated, lied, or otherwise caused the marriage to fail to get divorced. Instead, one spouse can establish that the marriage is “irretrievably broken.”  

Florida's equitable distribution laws generally begin with the premise that marital assets and liabilities should be divided equally. Courts can make an unequal distribution in certain circumstances, but adultery alone does not automatically entitle the other spouse to a larger share.

Things become more complicated when an affair involves marital money, though.

When an Affair Starts Costing Marital Money

Maybe your spouse paid for hotel rooms, expensive dinners, weekend trips, plane tickets, jewelry, or gifts. Maybe your spouse rented an apartment, transferred money, or charged expenses to a credit card you were helping pay. Then there is another question to ask:

“Whose money paid for all of it?”

Florida law allows courts to consider the intentional dissipation, waste, depletion, or destruction of marital assets after a divorce petition is filed or within two years before the filing when deciding how marital property should be distributed. In simpler terms, intentionally spending or wasting marital money can matter when it comes time to divide what remains.

Imagine, for example, that a spouse secretly spends thousands of dollars in marital funds on vacations, gifts, or hotel rooms. Those expenditures may become relevant when the court divides the remaining marital property, which is why bank statements, credit card records, transfers, and receipts can matter.

The court may not be interested in making your spouse pay for the affair, but it may be interested in who paid for the affair.

What About Alimony?

Adultery can also come into play when alimony is at issue. Florida law specifically allows a court to consider the adultery of either spouse and any resulting economic impact when determining the amount of alimony, if any, to award.

Cheating does not automatically guarantee or prevent alimony, but if the affair had a

financial impact on the marriage, that impact may be relevant.

Does Cheating Affect Who Gets the Kids?

Being unfaithful to your spouse does not necessarily mean you are an unfit parent.

Florida courts make parental responsibility and time-sharing decisions based on the best interests of the child, considering numerous factors related to the child's needs and each parent's ability to meet them.

An affair alone does not automatically mean a parent receives less time with the children. However, a new relationship may become relevant if it affects the child's well-being, but the focus ultimately remains on the child rather than on the affair itself.

Should I Try to Prove My Spouse Cheated?

After discovering an affair, it can be tempting to gather every screenshot, photograph, receipt, and message you can find. But proof of spending may be more useful than proof of the relationship itself, especially if marital funds appear to be missing.

Be careful about how you obtain evidence. Accessing private accounts, devices, or communications without authorization can create separate legal issues. A Florida family law attorney can help determine what information may actually matter.

So, Do You Get More Because Your Spouse Cheated?

Not simply because they cheated, but if the affair involved significant marital spending or depleted marital assets, it may affect parts of the divorce.

That is why the better question may not be:

“Did they cheat?”

It may be:

“What did the affair cost?”

How Good Life Legal Can Help

If infidelity is part of your divorce, you do not have to figure out on your own whether it could affect your property, alimony, or other issues in your case.

At Good Life Legal, we help clients across North and Central Florida understand which details matter legally so they can make informed decisions about what comes next.

If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.

Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.