Under F.S. 61.08(1), adultery may be a factor in awarding alimony.
Other marital misconduct, such as spouse abuse, may be considered under F.S. 61.08(2)(j). The effect of marital misconduct is determined on a case-by-case basis.
Courts have held that only misconduct that depletes marital finances is relevant to a determination of alimony. As one court stated, even reprehensible conduct by one party does not justify alimony unless it has caused depletion of the marital finances.
Recently, the same court stated, “the law is clear that absent a showing of related depletion of marital assets, a party’s adulterous misconduct is not a valid reason to award a greater share of those marital assets to the innocent spouse or to deny the adulterous spouse alimony.”
Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.
Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.
To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.
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Durational Alimony Tampa Attorney – Gary S. Dolgin