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Can my husband receive alimony if we were only married for 8 years in Georgia and he committed adultery

Can my husband receive alimony if we were only married for 8 years in Georgia and he committed adultery

Q: What do you need to prove adultery in Georgia?

To prove adultery in Georgia, you typically need to show that your spouse had a sexual relationship with someone else during the marriage. This can be demonstrated through evidence such as eyewitness accounts, photographs, or communications like text messages. The burden of proof lies with the spouse alleging adultery.

Q: Does adultery affect alimony in Georgia?

Yes, adultery can affect alimony in Georgia. If one spouse is proven to have committed adultery, it may disqualify them from receiving alimony. The court considers the conduct of both parties when making alimony decisions, so the circumstances surrounding the separation are crucial.

Q: How many years do you have to be married in GA to get alimony?

In Georgia, there is no specific minimum duration of marriage required to qualify for alimony. However, the length of the marriage can influence the amount and duration of alimony awarded, with longer marriages typically leading to more substantial support.

Q: What proof is needed for adultery in Georgia?

To prove adultery in Georgia, you need evidence showing that your spouse engaged in a sexual relationship with another person. This can include direct evidence like photographs, witness testimonies, or indirect evidence such as text messages and emails that imply infidelity.

Q: Can text messages be used in court to prove adultery in Georgia?

Yes, text messages can be used as evidence in court to prove adultery in Georgia. If the messages indicate a romantic or sexual relationship with another person, they can support claims of infidelity. However, the context and content of the messages will be considered by the court.

Full question:

Can my husband receive alimony if we were only married for 8 years in Georgia and he committed adultery and has a domestic violence issue pending also against me?

Category: Divorce
Subcategory: Alimony
Date: 04/07/2025
State: Georgia

Answer:

The following Statute or Code in Georgia may be applicable to whether alimony could be granted or denied based on adultery. It also provides when alimony may be granted. See below.

CODE OF GEORGIA
Title 19. DOMESTIC RELATIONS
Chapter 6. ALIMONY AND CHILD SUPPORT GENERALLY
Current through 2017 Georgia Act 21

§ 19-6-1. Alimony Defined; when Authorized; How Determined; Lien on Estate of Party Dying Prior to Order; Certain Changes in Parties' Assets Prohibited Pending Determination

(a)   Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b)   A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c)   In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d)   Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e)   Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.

Cite as OCGA § 19-6-1

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What disqualifies you from alimony in GA?

In Georgia, a spouse may be disqualified from receiving alimony if they are found to have committed adultery or if their actions led to the separation, such as desertion. Additionally, factors like domestic violence or the financial situation of both parties can also influence the court's decision regarding alimony eligibility.