Michele Lebron | August 30, 2024 | Divorce near Kissimmee, FL
Kissimmee has something of an amorous reputation. Locals almost all know the saying, “It’s Kissimmee in the daytime and Kiss Me at night.” By law and custom, however, in Florida, marriage is generally considered to be a monogamous institution. Nevertheless, derogations from this norm, such as adultery, are not uncommon. Polyamory, or “open marriage,” is another increasingly common derogation.
What is Polyamory?
Polyamory is a consensual arrangement between spouses where each spouse is free to carry on sexual and perhaps romantic relationships with third parties. Polyamorous arrangements can lead to divorce, of course, but sometimes these arrangements persist without threatening the marriage.
Legal Status
Florida is a no-fault divorce state, meaning that either spouse can file for divorce for reasons as vague as claiming the marriage is “irretrievably broken” and can even do so over the objections of the other spouse. Unlike the situation in some states, even adultery is not illegal, although it might influence the terms of a divorce decree. Polyamory has even fewer legal implications, even if you cohabitate with your polyamorous lover. There is no need to assert either adultery or polyamory to obtain a unilateral divorce.
Polyamory Instead of Divorce
Some couples insist that polyamory actually saved their marriage. Both parties might feel that monogamy fails to serve their needs and ‘variety is the spice of life.’ Alternatively, Polyamorous spouses might become satiated with polyamory and voluntarily return to monogamy after a period of polyamory, leading to minimal or nonexistent legal consequences in the relationship.
Divorce as a Consequence of Polyamory
In other cases, polyamory might unintentionally trigger divorce. This result is especially likely if a spouse accidentally falls in love with their polyamorous partner and consequently loses interest in their spouse.
In other cases, only one spouse has sexual relations with third parties, and the other spouse’s consent can be grudging. This is especially likely to happen if one spouse is more attractive than the other spouse or if one spouse becomes famous and the other doesn’t. In such cases, a proposal for polyamory is more likely to resemble an ultimatum than a truly consensual agreement. Marriages tend to destabilize under the weight of the resulting resentment.
Effect of Polyamory on Alimony Property Division and Child Custody
Even though polyamory is not illegal, it can sometimes affect the terms of a divorce. The following describes further how this may work.
Alimony
If polyamory crosses the line into adultery (the other spouse does not consent), that might affect a Florida court’s decision on alimony. A more likely effect would arise if a polyamorous partner seeking alimony committed financial misconduct with marital assets (they took their polyamorous partner on an ocean cruise, for example, or bought expensive gifts for them). Such behavior might disadvantage the spouse who spent the money if they sought alimony.
Property Division
Florida is an “equitable distribution” state, not a “community property” state. Equitable distribution does not always mean a 50/50 split. Polyamory might affect property division in the same way that it might affect alimony. If one party spent large sums of marital income on their polyamorous partner, they might end up facing the short end of a property division judgment.
Child Custody
The “best interests of the child” principle governs child custody decisions. In some cases, a court might conclude that the child’s best interests are not well-served to grant primary or even joint custody to a parent with a live-in polyamorous lover. However, this is not always the case–it depends on the circumstances and how they affect the child’s lifestyle.
Additionally, a polyamorous partner who commits domestic violence against their partner’s child can convince a family court to remove custody from that partner. Naturally, child custody arrangements can affect child support arrangements.
Contact the Kissimmee Divorce Lawyers at Lebron Law, PLLC for Help Today With Your Family Law Case
You probably don’t need to talk to a Kissimmee family lawyer before you initiate polyamorous arrangements with a willing spouse. If you are considering divorce, however, or if you suspect your spouse is planning to file for divorce, you need to talk to an experienced Florida family lawyer as soon as you can.
For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC by calling (321) 800-5195 to schedule a free consultation.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
