JACKSONVILLE, Fla. – Divorce doesn’t just dissolve a marriage—it often reshapes entire families. And when infidelity enters the picture, emotions run even higher.
In this episode of Split Happens, meteorologist Katie Garner and Jacksonville board-certified family law attorney Jay Henderlite tackle one of the most common questions they hear: Does cheating actually affect your divorce outcome in Florida?
What the Law Really Says About Affairs
Many spouses come to attorneys angry and devastated, hoping that a partner’s affair will tip the scales in their favor during divorce proceedings. But as Henderlite explains, Florida is a no-fault divorce state, which means the legal system doesn’t treat infidelity as a reason to award more assets, more alimony, or better custody arrangements.
“Infidelity doesn’t usually result in a disproportionate division of assets,” Henderlite explains. “Being a bad spouse isn’t the same as being a bad parent—and the law is designed to separate emotional fallout from legal resolution.”
That reality can be a tough pill to swallow for clients who want vindication. But knowing the law helps people move forward without sinking more time, money, and emotional energy into battles they can’t win in court.
When Affairs Do Matter in Divorce
While the affair itself won’t give one spouse legal leverage, it can matter in certain circumstances:
- Financial misconduct: If marital money was spent on an affair—gifts, trips, or even luxury items for the affair partner—the court can take that into account when dividing assets.
- Custody considerations: Cheating alone doesn’t make someone a bad parent. However, if an affair partner has a criminal history or creates a negative environment for children, it could influence parenting plans.
- Privacy concerns: High-profile affairs sometimes spill into public view. Henderlite emphasizes that the goal is not humiliation, but protecting your ability to move on without being defined by the past.
As Garner points out, this perspective can feel almost like “a second slap in the face” for those already dealing with betrayal. But focusing on what the court can do—rather than what it can’t—empowers families to move forward.
Compassion, Clarity, and Legal Guidance
At Split Happens, Garner and Henderlite don’t shy away from the tough conversations. This episode reminds listeners that while the pain of infidelity is real and lasting, the legal process is about resolution, not revenge. With the right attorney and support system, individuals can focus on rebuilding instead of relitigating heartbreak.
With three board-certified marital and family law experts, Sasso Guerrero & Henderlite provides trusted legal guidance for clients across Northeast Florida, serving from offices in Downtown Jacksonville, Southside/St. Johns/Beaches, and Fernandina Beach.
🎙️ Watch Episode 1:Split Happens reframes what it means to ‘win’ at divorce| 🎙️ Watch Episode 2:Split Happens breaks down custody, visitation and support | 🎙️ Watch Episode 3: Facing divorce stress? Ep. 3 of Split Happens breaks down alimony and financial fears
Closing Thoughts & Next Steps
Infidelity may change your marriage, but it doesn’t have to define your future. Divorce in Florida is designed to be fair and forward-looking—helping families transition into the next chapter with clarity and stability.
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