Florida Gubernatorial Candidate Proposes Drastic Changes to Divorce Laws

In Florida, spouses who cheat experience relatively few legal consequences during divorce. In other states, adulterers may lose access to alimony and experience other financial consequences. That being said, Florida could potentially change its approach to adultery in the future, with one gubernatorial candidate promising much more severe penalties if he wins the upcoming election. If you have questions about your divorce, contact an Orlando divorce lawyer.

Fishback’s Ambitious Plan to Penalize Adulterers During Divorce

Earlier this year, gubernatorial candidate James Fishback wrote about his plan to change divorce laws in Florida. He published the statement on X, promising to severely penalize anyone who commits adultery in the Sunshine State. Specifically, he promised that anyone who cheats during their marriage would lose everything in Florida.

The political activist and businessman later clarified his stance during a livestreamed campaign event, stating that under his leadership, cheaters would lose full custody and all assets within their marriages. The Republican candidate generated media buzz for various other positions, including a proposed 50 percent tax on all income generated via OnlyFans.

Legal observers say that in order to actually make these changes happen, the candidate would need to make significant changes to existing state laws. Perhaps most notably, automatically robbing a cheater of child custody completely goes against the family court’s current approach, which requires them to consider only the child’s best interests.

Of course, these legal changes would only occur if Fishback actually wins the election. The latest polling figures show Fishback trailing Donalds for the Republican nomination. In other words, the chances of Fishback winning are relatively low. That said, anything can happen. At the very least, Fishback’s stance on divorce has sparked an interesting legal debate.

So There Are No Consequences for Adultery During a Florida Divorce?

Although an adulterer will not automatically lose custody or assets in Florida, there are still potential consequences to consider in this scenario. If your ex manages to prove that you spent marital (shared) assets on the illicit relationship, you may receive a lower share of the marital property.

For example, you might have spent the family savings on a luxurious vacation to Europe with your mistress while passing it off as a business trip. Perhaps you took out a second mortgage on the house to purchase a diamond necklace for your mistress. Whatever the case may be, these expenditures can severely decrease your share of the marital property during divorce. This concept is called “dissipation” or “waste” of marital property, and it may also include intentional property damage, gambling, and purchases involving substance abuse.

Can an Orlando Divorce Lawyer Help Me? 

If you’re worried about potential consequences for adultery, speak with an experienced divorce lawyer in Orlando. As of this writing, Fishback is unlikely to become the next governor of Florida, making his plans to enforce stricter adultery penalties irrelevant. However, you may still face other consequences for being unfaithful during your divorce. Discuss your unique situation with Steve Marsee, P.A. today.

Sources:

 ktalnews.com/news/top-stories/adultery-penalties-divorce-laws/

newsweek.com/divorce-rules-could-change-florida-republicans-plan-11558638