Alimony is defined as the financial support of one party by the other while the parties are living separately, and many potential clients wonder whether they’re entitled to receive it due to their spouse’s infidelity. Many assume that because they have proof of their spouse’s infidelity they will automatically be awarded alimony. In Georgia, the law does not provide that a spouse who has been proven to have committed adultery is required to pay alimony to the other spouse. In determining whether to award alimony, the two controlling factors that Georgia courts are required to consider are: (1) the need for alimony of the party requesting it and (2) the other party’s ability to pay. Aside from these two factors, courts must also consider evidence of the factual cause of the separation and evidence of the conduct of each party. Under Georgia law, judges are not required to award alimony and have broad discretion to make their determinations regarding alimony on a case-by-case basis. Therefore, although a spouse’s infidelity will be considered by the court when deciding the issue of alimony, it will likely not be granted unless the court finds there is a need for it and the other party has the ability to pay.

If you have questions regarding alimony or divorce, contact the experienced divorce and family law attorneys at FLFAttorneys at (770) 485-6633.