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With an office in Plantation, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

What is alienation of affection?

There are any number of factors that can contribute to a married couple in Davie choosing to call it quits. Adultery is often one of them. If this has occurred in your case, then your feelings on the matter are likely (and understandably) still strong. You may harbor anger against your spouse for violating your trust in them, and you may be even more upset at whomever they cheated with for not respecting the sanctity of your marriage. The question is whether the actions of the latter party in causing the end of your marriage warrant legal action. 

There is a legal principle known as “alienation of affection,” which assigns blame to a third party whose involvement in a marriage led to its end. In the case of adultery, this principle would essentially offer the opportunity to sue your spouse’s lover. That is, if such a principle is still viewed as being valid. 

Many states have since abolished alienation of affection as a valid course of action. According to Section 771.01 of Florida’s state statutes, this has occurred locally as well. Yet that does not necessarily mean that your ex-spouse’s infidelity will not be considered for the impact it had on your marriage. 

When determining the matters of child custody and spousal support, the court does indeed have the right to consider both yours and your ex-spouse’s conduct when rendering its decision. Thus, while you may not be able to seek action against your ex-spouse and their lover over their affair, the court may view their actions as a reason to rule in your favor in the aforementioned matters.

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