Many potential divorce clients unfortunately contact our office after finding out that their spouse has committed adultery. One of the most common questions that these clients have is whether their spouse will be barred from receiving any money from the potential client’s 401(k) or other retirement or from the equity in the marital home. These potential divorce clients also want to make sure that their spouse’s adultery prohibits them from receiving alimony. First, it’s important for potential divorce clients to understand that the adultery must be proven in a court of law. Unfortunately, mere suspicion or intuition alone will not suffice as proof of adultery in a court of law. Assuming that one can prove a spouse’s adultery, under Georgia law, a spouse who has committed adultery cannot obtain alimony. However, an adulterous spouse can still receive property via equitable division. Equitable division is the process by which a court can divide the real and personal property acquired during the marriage of the parties of a divorce case. It is important to note that “equitable” does not necessarily mean “equal.” Furthermore, although an adulterous spouse is not precluded from receiving marital assets through equitable division, Georgia courts can take into consideration the conduct of the parties during the marriage and as related to the cause of the divorce. Therefore, a spouse’s adultery can impact what he/she will be awarded as his/her equitable portion of the marital estate. If your spouse has committed adultery and you’re considering filing for divorce, it is advisable that you contact an experienced family law attorney to assist with gathering the necessary evidence to prove your spouse’s adultery and advise you on the impact of your spouse’s adultery on your divorce case. Contact the family law attorneys at The
Faucette Law Firm LLC at (770) 485-6620 for a consultation today.