Is Cheating Illegal In Florida, Or Is Your Spouse Off The Hook?

If you are suspicious or already know that your spouse has been cheating on you, it’s vital that you know your legal rights before proceeding. Spending the money to investigate your spouse may seem like a great idea, but due to Florida’s marital laws, you may not get the desired effect. So, what cases of infidelity warrant surveillance in Florida?

Is Cheating Actually Illegal In Florida?

Cheating is technically a crime in Florida, and according to law it can get you charged with up to a second degree felony, but that is a rare occurrence that you shouldn’t count on. In actuality, most judges will not take their infidelity into account, so finding proof will only exacerbate the details of the situation on your mind if you are looking for an edge during the situation.

There are circumstances where proving infidelity in court will be to your advantage, but Florida examines cheating and divorce differently than most states, so you will need to be sure of your decision to investigate before proceeding.

No-Fault State

Florida is a no-fault state, meaning most indiscretions, like cheating, will go unobserved when you enter the courtroom. As long as the couple proves that they are no longer compatible, the marriage will typically dissipate, so don’t expect to win the house because of their infidelity. Unfortunately, more has to be proven for you to gain an edge.

Are They Guilty Of Marital Waste?

You may be out of luck if all your spouse has done is cheat, but as soon as they start spending money on the affair, the situation changes. If you can collect proof that your significant other has been taking the other individual to dinners, buying their clothes, paying for hotels, or spending money on the affair in any other manner, you may be able to prove marital waste.

Marital waste is the term used for selfish, irresponsible spending from one party of the marriage, and every charge accrued during their infidelity counts towards that total. Proving that your spouse is guilty of marital waste is a quick way to gain attention from the judges, and can lead to court penalties, including the mandatory repayment of their waste.

While it can be frustrating to think that your spouse may be off the hook for their indiscretions, it’s more important to look at alternative approaches. Speaking with a team of private investigators who are affluent in infidelity cases and marital waste can lead you to success in your case, depending on your exact situation.

Speaking with a team of private investigators who are affluent in infidelity cases and marital waste can lead you to success in your case, depending on your exact situation.”

Proving Your Spouse Morally Unfit

When children are involved, money is always a secondary concern, and the severity of your divorce increases. IF you know that your spouse has been unfaithful and there are children involved, then it’s now a matter of whether or not your spouse is morally unfit. In this scenario, hiring a private investigator can be advantageous to collecting proof of other morally compromised situations. Your investigator will find proof of any other compromising situations and actions to build a case, if there is means to do so. This will ensure that the judge has a clear picture of their actions, letting them accurately determine your children’s custody. In circumstances where cheating and other morally negligent actions are evident, private investigators can help you keep your kids out of harm's way.


While cheating in itself is illegal, proving it will not get you the result that you want. Other factors like marital waste and the inclusion of children can, however, give you a viable reason to investigate your spouse’s actions. If you are unsure of how to proceed in your situation. Call Southern Recon agency for a consultation. Our experts have diverse legal and technical backgrounds that help us fully understand the process after infidelity.