Divorces can often be contentious matters. It may be especially fractious if one of the spouses was allegedly having an affair. If you are facing a high-dollar divorce, it is important to understand how your spouse’s allegations of your infidelity can – and cannot – impact what the judge orders in terms of equitable distribution. To make sure that you don’t get shortchanged and that the distribution you get complies with current Florida law, be sure you have a knowledgeable Florida divorce attorney advocating for you.
H.D. and G.D. were a couple whose divorce case involved allegations of unfaithfulness. The couple married in Cuba in 1967. 48 years later, the husband file for divorce in Miami. The wife asked the judge to award an unequal distribution because of the husband’s adultery. Specifically, the husband allegedly spent marital funds on the mistress and did not collect rent from the mistress (who lived in an East Hialeah rental property that the husband and wife owned.)
The trial judge ruled that the wife was entitled to something called “special equity” and awarded her an unequal distribution. (The wife received $605,000 in assets; the husband $258,000.) The husband appealed that ruling and won his appeal. The trial court’s decision had to be reversed because Florida doesn’t recognize the legal concept of special equity, and hasn’t since 2008.