When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.

For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.

What Else Does Adultery Impact?

Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.

Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.

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