Financial Need

• Florida family court judges look at the requesting spouse's need for the support. To award alimony despite an affair, the judge looks at the financial situation during the marriage and if the requesting spouse will have to change her standard of living after the divorce, according to Florida Statute 61.08. Other financial factors considered include the spouse's financial resources after the distribution of the couple's assets and the couple's individual earning capacity. If the requesting spouse had an affair and has the ability to support herself, the court can disallow alimony.
  
  

Duration

• The length of the marriage affects the court's decision when ruling to disallow alimony if the spouse had an affair. In Florida, the courts consider marriages that last less than 7 years as a short-term marriage. If the marriage lasts between 7 and 17 years, the court considers it a moderate-term marriage, and if it lasts longer than 17 years, the court considers it as a long-term marriage. The shorter the marriage, the more likely it is that the court will disallow alimony for a spouse that had an affair.
  
  

Proof

• Your spouse must prove that you had the affair for the court to consider the affair when determining whether to grant or withhold alimony. While your spouse can claim that you had an affair, he must prove that you had the opportunity and disposition to have an affair if he does not have hard evidence such as pictures or voice recordings. If you spouse can prove that you displayed affection for another person during your marriage by publicly holding hands, hugging or kissing, he can prove that you have the disposition to commit adultery. To prove that you had the opportunity, he must prove that you had the time to have the affair by proving that you were absent from work without excuse or that you left the marital home at night and were seen with someone else.
  
  

Other Considerations

• Other factors that Florida judges consider along with your affair when considering withholding alimony include both spouses' age, mental and physical condition and marital contributions in child rearing and if you supported your spouse while he received an education. If your spouse knew you were having an affair but continued to live with you as your spouse, the court cannot consider it as a reason to withhold alimony.