In the division of assets will my spouse’s share be less if they spent the money on an affair?

In most cases, yes. Florida Statute 61.075(1)(i) provides that “the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition” is to be accounted for during the splitting of property. Essentially, the statutory language means that if you prove your spouse spent money on an affair, the amount of money they would be otherwise entitled to receive upon divorce under the law will be reduced by the money that was spent on the affair.

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