Lakeland, FL asked in Divorce for Florida

Q: if your spouse of 30+ years cheats on you, what are you entitled to?

Everything you own has both of your names on it, (mortgage, car, rental property, etc). Would everything be split 50/50 or would the judge lean more towards the woman since the husband is the one who decided he wasn't happy any longer and cheated instead of talking to his wife to try and fix things?

Related Topics:
1 Lawyer Answer
Paul Michael McDermott
Paul Michael McDermott
Answered
  • Sarasota, FL
  • Licensed in Florida

A: Florida is a "no fault" divorce state so you do not need to prove adultery in order to obtain a divorce. Generally an equitable distribution of property is "50-50." If your spouse has "dissipated" marital assets on this new relationship, then the Court may award an "unequal" division of assets, but this is rare. The Court may also award alimony to you. Every case is different and the financial interests of the parties would need to be determined before a full analysis can be completed of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.