Is cheating in a marriage illegal in Florida?
Asked by: Judy Carroll | Last update: August 26, 2025Score: 5/5 (4 votes)
Technically, adultery is a crime in Florida, but it's very rarely prosecuted. When it comes to seeking a Florida divorce due to adultery, spouses don't need to prove their partners were having an affair. To file for divorce, Florida residents need not provide a specific reason or prove wrongdoing.
What happens if you cheat on your spouse in Florida?
Florida is a no-fault state and therefore adultery does not affect most decisions. If the adulterer spends marital funds or uses marital assets in the course of their behavior – that will affect the decision of the court. Adultery can also impact custody and alimony decisions.
Can you go to jail for adultery in Florida?
The potential penalty for committing adultery, under Florida Statute §798.082, is being convicted of a designated misdemeanor and being sentenced to a definite term of imprisonment not exceeding 60 days and/or, under Florida Statute § 798.083, a fine of up to $500.
Can you sue your spouse's lover in Florida?
The only way to sue someone your spouse had an affair with is to file a claim against them for intentional infliction of emotional distress.
What is the 7 year divorce rule in Florida?
What is the 7-Year Rule? The 7-year rule in Florida is used as a reference point by courts to classify marriages based on their duration. Marriages lasting seven years or more are considered long marriages, whereas those shorter than seven years fall under the short marriage category.
Cheating and Divorce in Florida with Minor Children: Cheating Spouse and Child Custody in Florida
Is Florida a 50/50 state for divorce?
Florida is an "equitable distribution" state, meaning that marital assets and debts will be divided fairly but not necessarily equally. The court begins with the premise that distribution should be equal, but several factors can lead to an adjustment of this 50/50 starting point.
How many years do you have to be married in Florida to get alimony?
There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.
Can you sue a cheating spouse for emotional distress?
Intentional Infliction of Emotional Distress.
You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.
Is sexting considered adultery in Florida?
No, sexting is not adultery as defined by criminal laws. Adultery crimes must involve sexual intercourse. However, sexting could be used as evidence in an adultery prosecution or divorce proceedings (if allowed).
What rights do unmarried couples have in Florida?
Florida law creates no legal rights or duties between unmarried couples who live together and thus, does not recognize a claim for palimony. However, unmarried couples may privately commit by contract to spend their money as they choose.
Can text messages prove adultery in Florida?
Evidence of adultery can include:
Emails, text messages, or other electronic communications: If the spouse has electronic evidence of the adultery, it can be presented in court.
What are my rights if my wife is cheating?
So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.
Does cheating affect divorce settlement?
As a community property state, cheating has very little impact on a divorce settlement in California. All assets and property that were obtained during the marriage will be divided evenly between the spouses.
Can you press charges for adultery in Florida?
Adultery is usually considered voluntary sexual intercourse between a married person and someone the person isn't married to. Technically, adultery is a crime in Florida, but it's very rarely prosecuted.
Can I sue my husband for cheating?
The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.
What states is it illegal to cheat on your husband?
California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.
Can text messages be used in court to prove adultery?
According to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.
Does cheating affect divorce in Florida?
Because Florida is a no-fault divorce state, the presiding judge will allow a divorce to proceed regardless of what caused your marital breakdown. However, adultery during the marriage can still impact things like alimony, asset dissolution, and child custody.
Can you sue someone for sleeping with your spouse in Florida?
Florida law abolished the rights to sue for alienation of affection, criminal conversation, seduction, or breach of contract to marry in 1945. Presently, suing for intentional infliction of emotional distress is the only legal recourse against someone who interferes in a marriage.
What's the difference between adultery and infidelity?
Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.
What is the Homewrecker law?
Homewrecker laws, also called alienation of affection laws, allow someone to sue their ex-spouse's lover. In short, if the marriage broke up because of an affair, six states allow the injured spouse to sue the lover and possibly recover damages.
Does Florida have alienation of affection law?
In Florida, the short answer is no. Florida is one of many states that abolished the cause of action for alienation of affection.
What disqualifies you from alimony in Florida?
In Florida, the party paying alimony can petition the court to disqualify spousal support due to extraordinary circumstances such as poor health. If the paying spouse has a drastic change in career or net income, they may argue they can't pay alimony.
Does a husband have to support his wife during separation in Florida?
The state of Florida recognizes the importance of spousal support to ensure both parties maintain their standard of living after separation. While Florida does not officially acknowledge legal separation, courts can still order financial support during this period, factoring in the needs of both spouses.
What is the average alimony payment in Florida?
As an example, in Florida alimony will rarely exceed 40% of the gross income of the spouse paying alimony in long term marriages, and in marriages lasting less than seven years the amount of alimony will usually not exceed 20% of the gross income of the spouse paying alimony.