Does Infidelity Cost You Alimony? What Atlanta Spouses Should Know

If a marriage is ending because one spouse had an affair, does that spouse still get to walk away with alimony? It is one of the most common questions we hear from people going through a divorce in Atlanta, and the answer under Georgia law is more specific than most people expect.

Georgia’s Fault-Based Rule on Alimony

Georgia is one of the states that still lets fault play a role in alimony decisions, even though it also allows no-fault divorce. Under O.C.G.A. § 19-6-1, a party is not entitled to alimony if it is established, by a preponderance of the evidence, that the separation between the parties was caused by that party’s adultery or desertion. In other words, if the marriage broke down because one spouse cheated, that spouse could lose their right to request alimony entirely. This applies regardless of the grounds used to actually file for divorce, so even in an otherwise no-fault case, the court will still hear evidence about what caused the separation.

What Does “Cause of the Separation” Really Mean?

Here is where things get more nuanced. It is not enough to simply show that an affair happened at some point during the marriage. The law asks whether the affair was the cause of the separation. Was the couple already living apart or heading toward divorce before the affair began? Did the affair start after the marriage had effectively ended in every way but paperwork? These are the kinds of questions a court may need to sort through, and the timeline of events often carries a lot of weight. Courts weigh evidence such as:

1. The timing of the affair relative to the separation
2. Communications or admissions related to the relationship
3. Testimony from either spouse or other witnesses
4. Any prior history of separation or reconciliation attempts

Is Alimony Ever Still Possible After Adultery?

Not every allegation of infidelity results in an automatic denial of alimony. The burden falls on the spouse arguing that adultery caused the separation, and that spouse has to prove it by a preponderance of the evidence, meaning it is more likely true than not. If the connection between the affair and the separation cannot be clearly shown, the alimony request may still move forward for the court’s normal consideration of need and ability to pay. Every case turns on its own facts, and the details of the timeline can shift the outcome considerably.

Have Questions? We Can Help

Questions about fault and alimony can get complicated quickly, especially when both spouses see the timeline differently. If you are heading into a divorce in Atlanta and adultery is part of the picture, Buckhead Family Law can help you understand how these rules might apply to your situation. Work with our Atlanta alimony attorneys to discuss next steps.

Source:

codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-6-1/