How Does Adultery Affect Alimony?


Divorce can be a difficult time in anyone’s life, but being prepared is important. If you suspect adultery, information collected early on can make a huge difference in the major details of your divorce; most importantly, alimony.

Cheating Spouse Investigator

By law, judges are allowed to consider the adultery of either spouse when awarding alimony. They try to determine whether a spouse’s affair hurt the marriage financially. For example, if a husband buys expensive dinners and lavish gifts for his mistress, his wife can argue that those funds were wasted and request compensation.

If you believe your spouse is having an affair, it is important to gather evidence as soon as possible. If you’re not a professional, knowing what to look for can be difficult. A licensed private investigator can provide the resources you need for a full investigation.

How Do Judges Determine Alimony?

In the state of Florida, there are several different types of alimony that can be awarded over the course of divorce proceedings. Factors like the duration of the marriage, conditions of separation, and the financial assets of both parties can all come into play when judges decide which form of alimony is most applicable.

The primary purpose of alimony is to give the supported spouse a consistent source of financial support while they work to build a life for themselves. The money is meant to cover necessities, like rent and other living expenses, as well as investments in future career training. All claims are stronger with clear documentation.

Bridge-the-Gap Alimony

For marriages that lasted only a short while, “bridge-the-gap” alimony is a common option. Unlike other alimony types, bridge-the-gap is not meant for long-term support. Payments can only be awarded for a maximum of two years. Instead, this form of payment means to help the supported spouse make a short, one-time transition into single life.

One of the most important aspects of bridge-the-gap is that payments are non-modifiable. Once all parties have agreed on an amount, it stays fixed. Neither the paying spouse nor the supported spouse can request changes in the amount of alimony or the duration. Like most alimony types, bridge-the-gap can only terminate due to death or the supported spouse getting remarried.

Rehabilitative Alimony

Rehabilitative alimony is used expressly to help newly divorced spouses become self-sufficient through job training and credentials. It is often awarded when spouses let certain credentials lapse during the course of the marriage, like cosmetology or real estate licenses. In order to qualify, spouses must provide a clear plan for their career prospects, including cost of tuition, any post education steps like certification and expected earning potential.

There is no set time limit for rehabilitative alimony, but the duration of studies is clearly laid out when payment is awarded. The amount is modifiable and can be adjusted based on failure to comply with guidelines or early completion of the program.

Permanent Alimony

Permanent alimony only applies to marriages that lasted longer than 17 years. Amounts can be modified, but the payments last until death and/or the supporting spouse’s remarriage. The supporting spouse must declare the payments as income, and the paying spouse can write off the alimony as tax deductible. Durational alimony is awarded to marriages that lasted between 7 and 17 years, when permanent alimony is not appropriate.

No matter what alimony you qualify for, your spouse’s infidelity can make a huge impact. When alimony amounts are non-modifiable, it becomes crucial to build a strong case as soon as possible.

Private Investigator Miami Beach

If you suspect your spouse of adultery, schedule a consultation with Maya & Maya, a licensed private investigator in Miami, Florida. Investing in professional investigative services gives you the best chance of getting the settlement you deserve.