"My spouse has had several affairs; it's one of the reasons we split up. Can I use this against him in the divorce proceedings?"

Florida is a no-fault divorce state. Evidence of an extramarital affair, by itself, is not admissible in a divorce proceeding. If the spouse has depleted assets or spent sums of money on a person with whom he or she is having an affair, the court may take this into consideration in dividing assets and determining spousal support (alimony).

Lori Barkus is a Florida Supreme Court Certified Family Law Mediator and Circuit Civil Mediator and is a member of the International Academy of Collaborative Professionals as well as a member of the Board of Directors for the Collaborative Family Lawyers of South Florida. Her office is located in Weston, FL. This divorce attorney can be reached at (954) 349-7988. View her Divorce Magazine profile.