Ashley Madison Matters, Even in a No Fault State
News came out this week that the Hackers who cracked the Ashley Madison Website http://www.ashleymadison.com had dumped all the data.
The Ashley Madison hack includes customer names, credit card data, physical addresses and sexual preferences. Some users were smart enough to use fake names. But financial data is legitimate.
Well thanks to CNN Money, you can find out Why Spouses Cheat: http://money.cnn.com/video/technology/2015/07/20/why-your-spouse-cheats.cnnmoney?iid=EL
You can read the online report here:
Actually CNN Money is not posting the link, but if you really want to search, several other sites included searchable links including the New York Daily News: http://www.nydailynews.com/news/national/check-email-part-ashley-madison-hack-article-1.2331250
IBTimes: http://www.ibtimes.co.uk/ashley-madison-hack-how-search-adultery-website-data-leak-see-if-your-details-are-there-1516183 and of course, Wired.com: http://www.wired.com/2015/08/check-loved-one-exposed-ashley-madison-hack/
As Jennifer Weiner of the New York Times said, “I can’t believe I’m paying the salaries of government workers who weren’t clever enough to get new emails to deceive their spouses.” http://www.nytimes.com/2015/08/20/opinion/the-ashley-madison-hack-shows-were-too-dumb-to-cheat.html?_r=0
Lets all just take a step back. Florida is a No-Fault State. So why does it matter if your spouse was playing around or surfing Ashley Madison’s directory?
For starters the paternalistic legislature years ago included Adultery as a FACTOR for calculating and awarding Alimony. No Wonder the Legislature now wants to do away with Permanent Alimony.
Under the Florida Statutes, if a person seeks alimony but dissipated marital assets to have an affair, the alimony claim may be lessened, or negated altogether. Here is what statute section 61.08 actually says: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.08.html
“The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”
This is in the middle of the FIRST paragraph on alimony.
This little sentence is followed by requirements for the court to first evaluate Need of the one seeking Alimony; the court must also find the Payor has the Ability to Pay.
Once the court finds Need and Ability to Pay, the court has to determine the appropriate alimony award using another TEN Factors.
The TEN Factors must be evaluated across the several types of alimony available including, Permanent, Durational, Bridge-the-gap, and Rehabilitative. The court may also award Lump Sum Alimony from assets used for Equitable Distribution.
Unfortunately, most people read the little paragraph about Adultery as a VETO of Alimony. Not really the case. Over the many years since the statutes were enacted, many changes have come both from the legislature and from courts.
When you have concerns, seek advice from a trusted legal professional. Ask an attorney you trust how the court might view your unique situation.
Most of all, if you are married, stay off Ashley Madison and similar sites.
Call me at 407-645-3297 when you have questions. You can also visit my website at www.aubreylaw.com