According to Florida law, a trial court may consider evidence of adultery in determining an award of alimony:
We agree with the analysis of the District Court of Appeal, Third District. The legislature has expressly provided in section 61.08(1), Florida Statutes (1975), that a trial court may consider evidence of adultery in determining a proper award of alimony. This section permits, but does not require, a trial judge to consider evidence of adulterous activities by a spouse seeking alimony as a mitigating defense to an award of alimony and the amount thereof. Likewise, we concur that section 61.08(2) requires, as a matter of equity, that a trial judge who does consider evidence of adulterous activity by a spouse seeking alimony must also consider evidence of adulterous conduct by the spouse not seeking alimony in mitigation or defense of the conduct of the spouse seeking alimony. A proceeding for dissolution of marriage is an equitable proceeding. A spouse who invokes the jurisdiction of a court of equity to resolve his or her marital difficulties must submit to the equitable doctrines that he who seeks equity must stand before the court with “clean hands” and “he who seeks equity must do equity.” Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902 (1944); Engebretsen v. Engebretsen, 151 Fla. 372, 11 So.2d 322 (1942). Therefore, it would be manifestly unfair for one spouse to be allowed to defend against an alimony claim by charging the other spouse with adultery when the spouse not seeking alimony may be equally guilty of the same misconduct.
See: Williamson v. Williamson, 367 So. 2d 1016 (Fla. 1979)
And, according to Florida Statutory law:
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.
Related:
- How to Divide Marital Assets in Florida During a Divorce
- Marital vs. Non-Marital Property in Florida
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