Switch to ADA Accessible Theme Close Menu
Alimony Reform is here. Contact Us Today For Appeals and Updates
Fort Lauderdale Divorce Lawyer > Blog > Divorce > Dealing With Your Spouse’s Affair

Dealing With Your Spouse’s Affair


When one partner has an affair, it is one of the most devastating things that can happen during a marriage. In addition to breaking your marital vows, it is a major betrayal of any trust built between you over the years. In some cases, couples can recover. In others, divorce may be the best option. The following details how to deal with this difficult situation and important legal issues you need to be aware of.

When A Spouse Commits Adultery

Despite the fact that most people claim to disapprove of adultery, a surprising number of cases are reported each year. According to Psych Central, roughly 20 percent of all married men and 15 percent of married women admit to having had an affair.  As many people would be unwilling to disclose this information, the actual figures are likely much higher.

If you are the wronged spouse, the exact situation will play a role in determining how it should be handled:

  • You suspect your partner is having an affair: Carefully consider any actual evidence and subtle signs in your marriage before making an accusation. These may include unexplained absences, a drop in your sex life, mysterious phone calls, and being emotionally distant.
  • They admit to having an affair and claim it is over: Even when a cheating spouse is sorry for their behavior and vows not to do it again in the future, it can be hard to forgive. Counseling is your best bet in this situation. You should also get a postnuptial agreement, which grants you certain rights if they do not hold to their word.
  • They admit to the affair and ask for a divorce: In this scenario, it is important to take immediate measures to protect yourself. Gather statements from all financial accounts, make an inventory of your marital property, and contact our divorce attorney right away.

Adultery and Divorce

Adultery is considered grounds for divorce in many states. While ‘grounds’ are not required under the Florida Statutes, your spouse’s affair could impact divorce-related proceedings:

  • Marital property and asset division: If your spouse squandered assets during the affair, adultery could entitle you to a greater share of assets.
  • Alimony: Alimony will largely depend on whether your spouse makes more than you or whether you sacrificed your own career for the sake of the marriage, but an affair does put you in a more sympathetic light.
  • Child time sharing: While an affair is not grounds for terminating parental rights, it does indicate poor judgment and could be a factor in creating a parenting plan.

Let Us Help You Today

Even if you have no real proof of an affair or a guilty spouse begs for forgiveness, it is still a smart idea to consult with our Fort Lauderdale divorce attorney. Vanessa L. Prieto acts as a strong legal advocate on your side, making sure your rights and best interests are protected in this situation. To request a confidential consultation, call or contact our Fort Lauderdale office online today.




Facebook Twitter LinkedIn