Adultery can cost a spouse alimony in Georgia, but only if the adultery caused the separation.
What is “Adultery?”
Georgia defines adultery as sexual intercourse with someone other than your spouse. Owens v. Owens, 247 Ga. 139 (1981), confirmed that both heterosexual and same-sex extramarital relationships qualify.
What the Statute Says
Under OCGA 19-6-1(b), a party cannot receive alimony if “the separation between the parties was caused by that party’s adultery or desertion.” Moreover, the burden falls on the spouse asking the court to apply the bar.
The Adultery Must Have Caused the Separation
In Clements v. Clements, 255 Ga. 714 (1986), the Georgia Supreme Court held that the statute “does not provide a bar in every instance of adultery. It is a bar only when the adultery has been shown to be the cause of the separation between the parties.”
For example, in Alejandro v. Alejandro, 282 Ga. 453 (2007), both spouses had committed adultery, but the trial court found the marriage fell apart when the husband moved to another state for work and that adultery was not the cause of the separation.
So timing and context matter. An affair that occurs after a separation is treated differently than one that actually caused the separation.
What the Bar Does Not Reach
Being barred from alimony is not the same as losing everything. In Peters v. Peters, 248 Ga. 490 (1981), the Georgia Supreme Court held that “even though an adulterous spouse cannot obtain alimony, an equitable property division is still permissible.”
Likewise, child support is not affected by adultery.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!