Legal Question in Family Law in Florida

Depends on his state of mind. The divorce in Florida is based solely on irreconcilable differences. If you are already separated and not using spousing funds for your marital affair, then perhaps. However, he may use this in the court that you were having an affair prior to the separation and therefore spousal funds were used for the affair. Makes it hard for you to receive any temporary and/or permanet support plus Florida does acknowlege Alienation of Affection - he may sue the gentleman you are dating.

Florida does not recognize alienation of affections. The legislature abolished that cause of action in 1945.

Section 771.01, Florida Statutes states:

"The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished."

See also Davis v. Hilton, 780 So.2d 974 (Fla.4th DCA 2001).

The answer to your question probably depends on whether you have children or not and what you mean by "date".