Can my wife get alimony if she has cheated on me?

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Can my wife get alimony if she has cheated on me?

My wife has recently filed for divorce, and is now asking for alimony and child support. Is it possible for her to get alimony if she had extramarital affairs? She has switched jobs during the divorce in order to demonstrate that she is not receiving enough money. She wants to share custody of our child but my child doesn’t want to live with her, especially since she grew up here in our hometown shares living space with her other siblings (whom are older than 18). Does an Affidavit of Preference Form apply to me? Is this form used in FL? Whats the best way I can present my case?

Asked on October 4, 2010 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. Yet, although the statute mentions adultery, if minor children are not directly and seriously affected by the adultery the judge will not want to hear about it.  Most judges feel that consenting adults can do most anything as long as there is no harm to the marital bank account or the couple's minor children. Other factors to be taken into consideration insofar as an alimony award is concerned:  the standard of living established during the marriage; the duration of the marriage; the age and the physical and emotional condition of each party; the financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each; the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (if applicable); the contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; and all sources of income available to either party. Additionally, the court may consider any other factor necessary to do equity and justice between the parties.    As to the matter of child custody, generally a child does not have the right to choose with whom they will live. However, the older the child the more weight the court will give their preference in making a custody determination (the child must be of an age to rationally articulate their preferences; typically 12 or older). As to what specific state form is required, and other considerations regrading custody and alimony, you should consult with a family law/divorce attorney in your area.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As to the matter of child custody, generally a child does not have the right to choose with whom they will live. However, the older the child the more weight the court will give their preference in making a custody determination (the child must be of an age to rationally articulate their preferences; typically 12 or older). As to what specific state form is required, and other considerations regrading custody and alimony, you should consult with a family law/divorce attorney in your area.


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