Can I get alimony if I am thespouse that cheated?

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Can I get alimony if I am thespouse that cheated?

I have been married 16 years and 7 months. I have been with my husband since I was 15 years old. We have 2 children (12 and 9). I have been a stay-at-home mom for almost 10 years because he would not allow me to work. I have cheated on him more than once in the last 3 years. He wants to file for divorce but I am want to try and work things out. I have gotten my life right with GOD andhave pleaded with him for forgiveness. He made over $80,000 last year and does not want me to have anything. He said I do not deserve it.

Asked on August 17, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Florida Alimony statute states, "The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded."  But what the statute states and how the courts have applied it are two different things.  The courts have made it clear that  the primary criteria to be used when considering a spouse's request for alimony is the requesting spouse's need for alimony and the other spouse's ability to pay it. So the courts do not generally consider evidence of adultery when making an award of unless the adultery caused a depletion of family resources or had some other financial effect detrimental to the innocent spouse. 


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