By Robin Roshkind, Esquire, West Palm Beach, Florida
The laws of marriage, divorce, familial and intimate relationships are governed by state statutes and case law. That means that each state has different laws. For example, in some states like New York and California, there are laws governing palimony arrangements, common law marriages, and alienation of affection. However, Florida is a “no fault” state, and an equitable distribution state, and therefore does not have such laws.
Where adultery exists in a case in the State of Florida, there are two issues of concern to the divorcing spouse; one being detriment to the children, potentially resulting in a custody battle, and the other involves expenditure of substantial marital funds on a lover outside the marriage. It is the worngdoer spouse, not the lover, who carries any liability to the spouse who is cheated on. This is because there is no alienation of affection in Florida between a person involved in an extramarital affair and the innocent spouse. Bottom line: In Florida, the lover cannot be sued by the innocent spouse for interrupting the marriage.
If you want more information about relationships and divorce, click on the Firm’s website at www.familylawwpb.com or consult with one of the attorneys of Robin Roshkind, P.A. by calling 561-835-9091.
Hot Topics in Divorce Blog 