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Florida Law - Does Fault Affect Alimony? In Florida, the court may look at marital misconduct (primarily adultery) in awarding alimony. But the strong trend among the courts is not to consider marital misconduct. One case where the courts might consider it is where one spouse spends marital funds on another relationship during the marriage. Cases: Haley (1995) 649 So2d 332 (adultery may be considered). Santoro (1994) 642 So2d 86 (not much weight given to adultery, unless it affected the family finances). Martinez (1990) 573 So2d 37 (not much weight given to adultery, unless it affected the family finances). Cass (1990) 560 So2d 1326 (adultery may be considered). Poe (1988) 522 So2d 50 (should consider money spent on an adulterous relationship).
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