Divorce and adultery in a no fault state

[SM_in_FL]

Hi Soc!
Hope your well. I have a few questions with regards to a friend of mine who's divorcing her husband because he cheated on her. Here's some background. He cheated. She has an illness and has always been a home maker and raised their child, who is now an adult. He was the one who worked during the entire marriage. From what I understand, they've been married for about 30 years. She'd like to retain the marital home for exclusive use and he's contesting that request.
Here are my questions:
1) From what I understand, FL is a "no fault" state, so would the fact that the marriage has been broken by the husband's adultery be relevant? If it is, then on what basis can that be used?

2) If not, would her illness and documentation thereof be sufficient for her to retain exclusive use and possesion of the home as well as the fact that it's paid off and she is unable to work and is on a fixed income?

3) They are both on the title, if she is awarded the home, what happens to the title? Is the husband taken off?

4) Any other advice you could offer would be great!!!
Thanks
SM

[socrateaser]

>1) From what I understand, FL is a "no fault" state, so would
>the fact that the marriage has been broken by the husband's
>adultery be relevant? If it is, then on what basis can that be
>used?

On your facts husband cheated with another partner. Unless this cheating had a material effect on the parties' martial standard of livng, for example, if husband was spending huge amounts of money on his mistress, then that might be proof that the marital standard of living should be raised, and therefore that the amount of spousal support should be raised.

Other than that, it's not material or relevant to the issue.
>
>2) If not, would her illness and documentation thereof be
>sufficient for her to retain exclusive use and possesion of
>the home as well as the fact that it's paid off and she is
>unable to work and is on a fixed income?

FL is an equitable distribution State, therefore the court has authority to distribute the parties' property in any manner that is fair (equitable). I would say that the disability is an excellent argument for the wife receiving exclusive possession of the marital home after divorce.

>3) They are both on the title, if she is awarded the home,
>what happens to the title? Is the husband taken off?

It depends. Ordering the husband to grant title to the wife is a possibility.

In a 30 year marriage with one spouse disabled, the healthy spouse will be forced to pay a large portion of his income and property in his wife's favor.

I'm not taking a position on the ethics of this sort of outcome, but it is very likely. Tell your friend to get a good lawyer.