Divorce can raise difficult financial questions, often especially when one spouse has been unfaithful during their marriage. In Georgia, adultery can prevent an unfaithful spouse from receiving alimony. However, the courts do not automatically deny financial support whenever infidelity is involved.
The circumstances surrounding an affair, including when it occurred and whether it contributed to the breakdown of the marriage, can influence a court’s decision.
How adultery can affect alimony payments
A spouse may lose the right to receive alimony if the court finds that their adultery caused the separation. The law requires the spouse opposing the alimony claim to establish this connection by a preponderance of the evidence.
For example, if a husband discovers that his wife is having an affair and ends the marriage because of that conduct, she may be barred from receiving alimony. The same rule applies if the husband committed adultery and his actions caused the separation.
However, proving that an affair occurred is not enough by itself. The court must also determine whether the unfaithful spouse’s conduct caused the separation. In Clements v. Clements, 255 Ga. 714 (1986), the Georgia Supreme Court clarified that adultery does not automatically disqualify a spouse from receiving alimony when it did not cause the separation.
What happens when both spouses are unfaithful?
A divorce involving adultery by both spouses can raise more complicated questions about alimony. Georgia courts examine the circumstances surrounding the breakdown of the marriage rather than automatically disqualifying both parties.
For instance, one spouse may have engaged in an affair, while the other contributed to the separation through abusive behavior or other marital misconduct. The court may consider which actions actually caused the separation when deciding whether either spouse qualifies for support.
The circumstances – and outcome – of every case are unique. If you are facing an adultery-related alimony dispute, you should consider obtaining legal guidance before agreeing to financial arrangements or proceeding with litigation accordingly.