Recent Court Case Rejects Husband’s Adultery Claim

In an opinion issued on September 16, 2016, the Fifth District Court of Appeal rejected a husband’s claim that he should not be required to pay alimony due to his wife’s adulterous behavior. The Appellate Court, based in Daytona Beach, Florida, reasoned that while a trial court may consider evidence of adultery, such consideration would depend on the circumstances of a particular case. The court went on to say that absent a showing of related depletion of marital assets, a party’s adulterous misconduct is not a valid reason to award a greater share of those marital assets to the innocent spouse or do deny the adulterous spouse alimony. In sum, the court stated that the wife’s need and husband’s ability to pay remain the primary considerations in awarding alimony.