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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27622
Experience:  Attorney with experience in family law.
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My wife of 23 years has been having an affair than a

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My wife of 23 years has been having an affair for more than a year.Committing adultery, sleeping at her paramour's house, shopping,accepting money, gifts,,going on weekend trips, and to local bars, restaurants and public events.This is being done every day ,openly and in public for all to see. However,she lives at home {comes home to sleep,but not with me] and refuses to leave and tells me there is nothing I can do about it because she says she is NOT doing anything illegal.She demands full financial support[she says by law].She wants half of everything we own without a divorce or else she will go to court for half ,plus a lot of alimony NOTE: I am retired and have very little money ..Her paramour is wealthy Is thiis in any way correct and within the law
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When dividing marital assets, the judge starts with the presumption that each spouse is entitled to half of everything. The judge is allowed to consider factors that would make it unfair not to do an even split, such as if your wife was spending marital assets on the affair. Fl. Stat., Section 61.075. The affair alone does not automatically mean that she's not entitled to a fair split, but you are allowed to argue why you should be given more. For example, if you were paying all the bills on the house while she essentially lived with someone else, that might be a reason you should get more. Once the divorce is filed, you can file a Motion for Exclusive Use and Possession of the Marital Home, asking the judge to order her to move out. You will probably have to pay her half the equity in the house, though. If you can't afford to do that, the judge will usually order that the house be sold and the equity divided fairly. Again, you're allowed to argue as to what is fair.

The judge has discretion to deny your wife alimony based on her adultery. She is absolutely not entitled to support by law. Fl. Stat., Section 61.08 has ten factors for a judge to consider before deciding whether to award alimony.

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

And note that if she moves in with the paramour, then it's his job to support her, not yours. But the law doesn't automatically say you have to support her forever just because she's the woman and you're the man, without any consideration for her behavior or your respective financial states.

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