Divorce can involve a chaotic jumble of emotions, leaving most people cycling through feelings of anger, hurt, sadness, and betrayal. For some, during this traumatic period of time, this combination of feelings leads to the overwhelming desire for “justice” – for what has been done to them, for the pain inflicted upon them. Simply, someone needs to “pay” for the circumstances in which they now find themselves. In these instances, individuals look to what types of legal actions they can bring against their spouse or perhaps, the “homewrecker” that is at fault by destroying their marriage and causing what is perceived as the death of their family.
Can Spouses Sue Each Other?
Short Answer: Yes.
Many people remember something about spouses not being able to sue each other; however, this doctrine—the Interspousal Immunity Doctrine—was abolished in 1995. This doctrine prevented spouses from bringing civil torts (wrongful acts or infringement of a right leading to civil legal liability) against each other. The rationale behind this was the belief that lawsuits among family members would destroy relationships. Once the doctrine was abolished, spouses could now sue each other for things like battery, negligence, fraud, intentional infliction of emotional distress, and adultery.
Can I Sue My Spouse for Cheating on Me?
Short Answer: Yes, for some things.
Cheating is a Crime.
It may be difficult to believe, but cheating on your spouse is actually illegal in Florida. Pursuant to Florida Statutes, §798.01, if either party involved in the cheating is married and they “live in an open state of adultery,” both parties are guilty of a second-degree misdemeanor. Thus, your cheating spouse can be subjected to up to 60 days in jail, a monetary fine of up to $500, and up to 6 months of probation. However, before there is a deluge of calls to the police requesting the arrest of the adulterous offender (and his or her cheating partner), this law is rarely put to use. In fact, adultery laws are most likely unconstitutional [1].
Can You Sue Your Spouse for Contracting a STD/STI?
Short Answer: Yes.
What if the other person gave your spouse an STD/STI and then your spouse gave it to you? If your spouse knew that they were infected by a sexually transmitted disease (STD)/sexually transmitted infection (STI), knew that they could transmit it to you through sex, had sex with you, and you were unaware that they were infected, your spouse could be charged criminally pursuant to Florida Statutes, §384.24. However, you could also bring legal action against the cheating spouse who gave you the STD/STI under the above circumstances in a separate civil suit for monetary damages or as a claim in a divorce.
Can You Sue Your Spouse for Intentional Infliction of Emotional Distress?
Short Answers: Yes, but it is difficult.
Due to the high emotions surrounding cheating, some people may choose to sue the cheating spouse under the intentional infliction of emotional distress cause of action. However, proving that your spouse intentionally inflicted emotional distress upon you by his or her cheating, is a challenging undertaking. You would have to prove that by cheating, your spouse
- acted intentionally or recklessly;
- his or her conduct was extreme and outrageous;
- his or her conduct
- caused severe emotional distress
Given that some statistical data indicates that approximately 57% of divorces were caused by infidelity [2], proving that your spouse’s cheating was “extreme and outrageous” is unlikely. This cause of action against your spouse is likely not going to get you very far.
Can You Sue the Other Person Involved?
Short Answer: No.
Technically, the other person involved in the cheating could be charged with a crime; however, based on the difficulty in successfully suing your cheating spouse for adultery, it is even more unlikely you would be successful in suing the other person involved. Further, in the very unfortunate event that you contracted a STD/STI from your spouse because he or she contracted it from the other person, there is no cause of action against the other person (other than perhaps your spouse bringing his or her own case against them because they gave him or her the STD/STI under those elements above).
Alienation of Affection. This cause of action is what some people immediately think of when seeking “justice” against a homewrecker. In fact, these actions are called “homewrecker lawsuits.” The thinking goes like this, “This shameless homewrecker did just that, wrecked my home and family, and he or she needs to pay.” In March 2026, a jury in North Carolina ordered a Tik Tok influencer to pay $1.5 million to the now ex-wife of the man the influencer later married. However, North Carolina is one of the six states in which an aggrieved spouse can bring a lawsuit of this kind. Florida is not one of the other states [3].
How Infidelity Impacts Divorce Proceedings
Asset Distribution and Alimony
All the above being said does not necessarily mean that your spouse’s cheating considered in a Florida divorce. Adultery can affect distribution of assets and alimony. If your spouse spent a great of money on the other person, the court might consider this a dissipation of marital assets. Further, in 2023, the alimony statute was changed with one specific change being the addition of language allowing the court to “consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded. Florida Statutes, §61.08.
Timesharing
Adultery may also be considered in child custody or timesharing. One of the factors a court considers in determining the best interests of the children is the “moral fitness of the parents.” Florida Statutes, §61.13.
These things may be considered by a court if you choose to take the litigation route for your divorce. However, while the emotional rollercoaster of a divorce can lead to wanting a spouse or the other person to “pay” for perceived wrongs, it is more important to move beyond the need for vengeance and move forward with your future. Yes, you are allowed to feel all of the challenging feelings associated with a divorce but recognizing that a mindset focusing on retaliation will not be beneficial to your (or children’s) future, can pave the way toward more constructive and amicable resolutions.
Through the framework of collaborative divorce—encouraging transparency and focusing on goal and interest-oriented resolutions—families can work together toward more positive futures, keeping each person’s and the children’s emotional well-being intact.
Footnotes
[1] In Lawrence v. Texas, the Supreme Court ruled that criminal punishments for “consensual, adult, non-procreative sexual activity” (in this case, same-sex sexual activity) were unconstitutional, basing their ruling on the right to privacy, personal autonomy to decide on one’s relationships, and non-interference with private decisions regarding sex between consenting adults. Lawrence v. Texas, 539 U.S. 558 (2003).
[2] Cox, Daniel A. “Is America Experiencing an Infidelity Epidemic? – The Survey Center on American Life.” The Survey Center on American Life – A Nonprofit Organization Dedicated to Understanding the Way Cultural, Political, and Technological Changes Are Shaping the Lives of Ordinary Americans., 20 Feb. 2025, www.americansurveycenter.org/newsletter/is-america-experiencing-an-infidelity-epidemic/
[3] The states other than North Carolina in which “homewrecker lawsuits” can be brought are Hawaii, Mississippi, New Mexico, South Carolina, and Utah.
Moving Forward with Collaborative Divorce
Instead of focusing on making someone “pay,” moving forward with your divorce through collaborative divorce can shift the focus from finding “justice” to finding equitable solutions. Please schedule a consultation today if you would like to discuss a family law matter.