Is it still cheating if we are separated (not legally)?

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Is it still cheating if we are separated (not legally)?

My husband moved in with another woman right when he moved out (same day). He admitted to me the other day that they have been having sex since 2 weeks after he moved in. We have only been separated now for less than a month.

Asked on June 30, 2009 under Family Law, Florida

Answers:

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 11 years ago | Contributor

Yes, it is still cheating as you are still legally married. However, even if he is cheating it may have little impact on a subsequent divorce, as Florida is a no fault State, which means fault typically has little to do with how the issues in a divorce are decided. Sometimes exceptions to this may occur in custody and spousal support issues or if he is disparaging marital assets on the other woman.

My office offers free initial consultations should you like to discuss this matter further. Please call 407-971-6140 to schedule a consultation.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes it's cheating since you are not legally divorced. You are still husband and wife.


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