The Impact of Domestic Violence on Alimony and Property Division in Florida Divorces

Ending a marriage is never easy, and when domestic violence has been part of the relationship, the process can feel overwhelming. Survivors often carry not only the emotional scars of abuse but also the financial burdens it has created. Divorce in these circumstances is about more than dividing assets; it is about building a foundation for safety, stability, and independence.

If you are facing this difficult situation, you may be wondering how the courts will handle financial matters such as alimony and property division when domestic violence is a factor. The good news is that Florida law allows judges to consider abuse when making decisions that affect your financial future. With the guidance of an experienced Boynton Beach domestic violence attorney, you can pursue a fair outcome that takes into account the hardships you have endured.

Domestic Violence and Property Division

Florida law follows a principle called equitable distribution, which means marital property and debts are divided fairly, though not necessarily equally, between the spouses. Typically, this process is focused on financial facts rather than personal behavior. But when domestic violence has caused harm to the family’s finances, courts can and do take that into account.

For example, if an abusive spouse destroyed property, drained bank accounts, or deliberately prevented their partner from working, a judge may adjust the division of assets to make things right. In these cases, fairness may mean awarding a greater share of the marital property to the survivor to offset the harm caused by the abuse.

Domestic Violence and Alimony

Alimony is another area where domestic violence can play a significant role. Florida Statutes give judges broad discretion to award spousal support based on what is fair under the circumstances. Abuse can affect both the survivor’s ability to earn a living and their need for financial support.

Many survivors of domestic violence have had to step away from their jobs, give up educational opportunities, or move repeatedly to stay safe. Courts often recognize these realities and may award longer-term or higher amounts of alimony to help survivors rebuild stability.

On the other hand, if the abusive spouse is the one requesting alimony, their behavior can work against them. Judges are not inclined to order survivors to provide financial support to someone who has caused them harm, and they may deny or reduce an abuser’s request for alimony.

The Broader Financial Impact

Domestic violence can affect more than just the division of assets and spousal support. Survivors may face medical bills, counseling costs, or the need to relocate for safety. These real-life expenses are part of what courts consider when making financial rulings in a divorce.

In some cases, survivors may be granted temporary use of the marital home through a domestic violence injunction, giving them a safe place to live while the divorce is still pending. This kind of order can provide immediate relief and stability during an otherwise uncertain time.

When Children Are Involved

If children are part of the marriage, domestic violence also impacts custody and financial arrangements related to their care. Florida courts make custody decisions based on the best interests of the child, and a history of abuse can heavily influence those decisions.

A survivor who is awarded primary custody may also receive child support, while the abusive spouse’s timesharing may be restricted or supervised. These decisions not only protect children but also shape the financial picture after divorce.

Moving Forward with Support

Proving domestic violence in the context of divorce can feel intimidating, but you do not have to carry that burden alone. Documentation such as protective orders, police reports, or medical records can help, but having an attorney who understands both the emotional and legal aspects of your case is just as important.

A compassionate advocate will present your story in a way that shows the court how abuse has impacted not just your safety, but also your financial situation. This ensures that the decisions made during your divorce reflect the full scope of your needs moving forward.

Contact Taryn G. Sinatra, P.A.

If you are leaving an abusive marriage, know that you do not have to navigate the legal process on your own. The financial consequences of domestic violence are complex, but with experienced guidance, you can seek a resolution that protects both your safety and your future.

At the Law Office of Taryn G. Sinatra, P.A., we are here to listen, support, and fight for your rights. Contact us today to speak with a compassionate Boynton Beach domestic violence attorney who will stand by your side as you take the next steps toward freedom and healing.

Sources:

Florida Statutes § 61.075 – Equitable Distribution of Marital Assets and Liabilities:

Florida Statutes § 61.08 – Alimony

Florida Statutes § 61.13 – Child Custody and Timesharing

Florida Courts — Domestic Violence (official hub)

Florida Department of Children and Families — Domestic Violence (program + help)