• Adultery in Florida can have civil and criminal consequences.jacksonville,florida,fountain,river,bridge,citysca image by Earl Robbins from Fotolia.com
  
  The confluence of marital infidelity and divorce is often seen in Florida marriages. While traditionally adultery served as grounds for divorce and even criminal prosecution, modern laws typically do not prosecute or hold parties liable for infidelity. In Florida, state law determines how questions of adultery are handled in both civil and criminal matters.
  
  

Adultery and Divorce

• Florida is a "no-fault" divorce state. That means that the only grounds upon which a divorce must be based is the assertion by one or both spouses that the marriage is irretrievably broken. In the past divorces must have been based upon grounds such as adultery or alienation of affection.
  
  

Adultery, Alimony and Custody

• While it isn't grounds for divorce, courts in Florida may also take into consideration claims of adultery when determining alimony or marital support. If alimony is an issue in a divorce, and there are allegations of adultery on the parts of either or both parties, Florida courts are allowed to take this into consideration and issue a finding of fact that details how the alimony should be distributed in light of the adultery.
  
  Adultery is also sometimes relevant in divorce cases involving child custody. If the conduct surrounding the adulterous spouse is such that it raises questions or doubts about their ability to care for the children, that can affect the court's decision in awarding custody.
  
  

Adultery and Crime

• Many people might be surprised to find that adultery is still considered a crime in some states, Florida among them. Florida law classifies adultery as a second-degree misdemeanor. Anyone charged with adultery faces a potential punishment of up to 60 days in jail, and up to a $500 fine. While this crime may not be commonly prosecuted, it is still part of Florida law, and has been prosecuted as recently as 2006.