The end of a marriage can be a sad and trying event in someone's life. If the divorce is initiated due to one partner's infidelity, this is even truer.
However, an affair can have more than just an emotional impact on a couple who decides to divorce. Under Georgia law, it can also impact the financial future of each party.
Disqualification of alimony
Alimony is awarded on a temporary or permanent basis in Georgia. It is authorized to be awarded to either party in accordance with their needs and the ability of the other party to pay.
Cheating changes all of that. If one partner can establish, through a preponderance of evidence, that the other party was unfaithful or deserted them, alimony is denied.
This evidence can be brought about in any divorce case, not just one where adultery is listed as the grounds for divorce. If one spouse files for divorce for any reason and requests alimony, and the other spouse provides enough evidence to establish the petitioning spouse was unfaithful, alimony can be denied.
Finding evidence is likely not as difficult as some people may believe. Thanks to the proliferation of social media and its ability to be used as evidence in court, many couples can establish infidelity just through their spouse's posts and messages.
If spouses agree on an alimony arrangement or a valid prenuptial agreement that addresses issues of adultery exists, it would not be necessary for the judge to make a decision. If you think infidelity could impact your divorce, you can discuss your unique situation with a family law attorney with experience working with couples in matters of alimony and spousal support.