Alimony in Georgia – What is the Law?

Committing Adultery can mean that You’ll give up Alimony

Committing adultery (or cheating) can be devastating to a marriage – and doing so often leads to divorce. If you and your spouse have decided to end your marriage due to one spouse’s adultery, you might be wondering whether it will affect any aspect of the divorce proceedings, including the issue of alimony. Read this overview of alimony in Georgia. It explains how adultery can impact an alimony award. If you still have questions after reading this article, you should contact an experienced attorney to help with your divorce. If you live in Marietta, Georgia, or surrounding cities, we can offer a free consultation to you.

Alimony in Georgia


Overview of Alimony in Georgia

In the state of Georgia, alimony is considered financial support is given from one spouse to the other when a divorce is complete. Generally speaking, alimony is given from the higher-earning spouse to the lower-earning (or supported) spouse.

The spouse requesting alimony is required to prove a financial need for support. He or she must also prove the other spouse can pay such support. After both financial need and ability after been proven, the court will take other factors into account, such as:

  • The spouses’ standard of living during the marriage
  • The length of the marriage
  • Earn spouse’s earning capabilities
  • Each spouse’s current financial resources
  • The age and physical condition of each spouse
  • How long a supported spouse would need to start working
  • How each spouse contributed to the marriage

In Georgia, alimony can be temporary or permanent. Permanent alimony will last until the supported spouse remarries or dies.

Calculating Alimony in Georgia

There is no formula for calculating alimony in Georgia. The court determines alimony on a case-by-case basis.

Attorney Fees for Divorce and Family Law 

Most Attorneys and Law Firms charge by the hour and the average divorce cost with children involved is between $12,500 to $25,000 upward. The exact fees depend solely on billable hours and not necessarily results achieved. Results in your favor are never guaranteed anyway.

We charge flat fees for all of our Family Law Matters, which means that you have an idea of expenses ahead of time.  Also, there are no surprise bills. Often the invoices received come from phone calls, and email exchanges among the attorneys involved, and even emails and correspondence taken place with the client unaware that he or she will be charged hundreds of dollars for the brief conversations that were necessary for the case. Read about our Flat Fee System.

For a detailed discussion of alimony, the types of alimony, and its affects in Georgia follow this link Understanding and Calculating Alimony. 

Adultery – Georgia Law

The act of adultery requires one spouse to have sexual intercourse with a person other than his or her spouse.To prove adultery, you’ll need more than testimony. Often, the court will require phone records, bank statements, witnesses, photos screenshots of text messages and social media records. Often, a spouse will hire a private investigator, which can be helpful when proving adultery.

In the state of Georgia, you aren’t required to prove that sexual intercourse took place. You have to prove that your spouse had both the opportunity and the inclination to commit adultery.

Proving adultery is, understandably, complex in a courtroom. You’ll need to be familiar with legal rules and evidence. We suggest contacting an experienced Georgia Family Law Attorney if you’re trying to prove adultery in your divorce case.

How Adultery Can Cost You Alimony in Georgia

When proof of adultery is presented in a divorce proceeding in the state of Georgia, the unfaithful spouse is barred from receiving alimony. However, it isn’t enough that a spouse cheated during the marriage. The infidelity must be the reason for the divorce. For example, if one spouse cheated and the other spouse showed forgiveness – and the two continued living together as a couple – the unfaithful spouse wouldn’t be barred from receiving alimony.

The faithful spouse must also file for divorce on the grounds of adultery, rather than irreconcilable differences. The divorce has to be granted on these grounds for alimony to be barred. It is still not an easy thing to prove and not all divorces are granted on the grounds of adultery.

For more information about the grounds for divorce in Georgia, see The Basics of Filing for Divorce in Georgia.

You should note that social media records can be archived and used in a court of law, including private Facebook messages, Twitter, Snapchat, LinkedIn, Instagram, Google +, and other messaging apps. Even after deletion, the records from these applications can often be retrieved.  Text messages are also subject to investigation when it comes to divorce in Georgia. 

Alimony in Georgia

 Adultery, Custody and, Alimony in Georgia

Although adultery rarely causes the cheating spouse to lose custody in Georgia, it can if the child was severely affected by the affair or neglect took place due to the affair. Adultery can also have an impact on assets and how they are divided, especially if the unfaithful spouse spent money on the affair. Examples of that would be – Travel, Hotels, Gifts, and other debts (bills) created during the affair.

If you have other questions about alimony in Georgia and need an Attorney to represent you during your divorce contact Sean R. Whitworth. To read the full text of the law on alimony in Georgia, look up the Georgia Code 16-6-19 and 19-6-1.








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