Does Cheating Affect Alimony in Atlanta?

Unfortunately, infidelity is quite common in modern relationships. This cheating behavior can ruin relationships, ultimately leading to divorce. A spouse who experiences this misconduct might file for divorce, leaving their ex with no choice but to navigate this difficult legal process. If you find yourself in this situation and you face accusations of infidelity, it is important to understand how it might affect your divorce going forward. An experienced divorce attorney in Atlanta may provide helpful education on this subject.

You Could Lose Alimony if You Cheated During Marriage 

Georgia is one of a handful of states that considers infidelity when approaching alimony in court. Technically, you could lose access to alimony if your ex can prove you cheated on them during the marriage.

However, it’s important to remember that these consequences could be limited depending on the circumstances. If you cheated but the divorce occurred for a completely different reason, you may still receive alimony. For example, you might have cheated on your ex before divorcing them due to a completely separate domestic violence issue. In this situation, you might still receive alimony.

Georgia courts might also consider whether your ex “forgave” you after the affair. For example, your ex might have discovered your affair a few months before your divorce. If you subsequently had intimate relations with your ex before the eventual divorce, the court may assume that this resumption of marital relations constitutes forgiveness. As a result, your ex might still need to pay your alimony.

Proving Affairs Can Be Difficult 

You should also know that the “burden of proof” falls on your ex in this scenario. In other words, you do not have to prove your innocence. Instead, your ex must prove that you actually engaged in an affair with a “preponderance of evidence.” If they cannot show that the likelihood of the affair occurring is more than 50%, the court will assume that it never happened.

An experienced lawyer may be able to help you prove that your cheating allegations are false. They may cast doubt upon the evidence your ex brings to court. You might also show your own evidence in this scenario, such as an alibi or a character witness.

Cheating Can Also Affect Other Aspects of Your Divorce 

Cheating can also affect other aspects of the divorce, including property division and (in rare cases) custody. If your ex can prove that you spent marital funds on the relationship, you could receive a lower share of the marital property during divorce. For example, you might have taken money from a joint account to pay for gifts, transport, and vacations connected with your divorce.

Can a Divorce Lawyer in Atlanta Help Me? 

A divorce lawyer in Atlanta can help you with many things, including alimony. While adultery may not lead to the loss of alimony, these allegations could still affect your divorce in many ways. To learn more about the most appropriate course of action, contact Buckhead Family Law today.

Sources:

 psychologytoday.com/ca/blog/fixing-families/202304/why-so-many-marriages-end-after-8-years

psychologytoday.com/ca/blog/better-divorce/202202/is-marriage-doomed-after-affair