As one of the leading causes of divorce, infidelity can be devastating to a marriage. Spouses who have been betrayed by a cheating spouse often feel overwhelmed when considering filing for divorce. Questions arise such as will he/she still be required to pay alimony if the other spouse has cheated. Under Georgia law, if it is established that the separation of the parties is due to the other spouse’s adultery or desertion, then that spouse will not be entitled to alimony. It is important to note that the other spouse’s adultery or desertion must have been the cause of separation. For example, if the parties reconciled after a spouse committed adultery and later separate for another reason, then the spouse who committed adultery will not be barred from receiving alimony since his/her adultery was not the cause of the separation.
Also, in order to assert that a spouse should be barred from receiving alimony due to infidelity, the spouse’s adultery must be proven by a preponderance of the evidence through either direct or circumstantial evidence. Since proving adultery in court requires knowledge of the rules of evidence and the relevant case law, spouses who seek to do so are well advised to seek the counsel of an experienced divorce and family law attorney. If you have questions regarding the impact of adultery on alimony, contact FLFAttorneys today at (770) 485-6633.