The Impact An Affair Will Have On Your Divorce

 

My clients often want to know the legal implications of their situation; however, the ramifications always go far beyond the law. An understanding of the law is a good place to start, but it should not be the end of the analysis.

Legalities. A party’s infidelity during the marriage will most likely impact several aspects of their divorce. Let’s start with alimony or spousal support. In Georgia, 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.” Official Code of Georgia, § 19-6-1 (b) (2015 Edition). In other words, if you cheat, and your partner proves that your cheating caused the separation, then you will not be entitled to alimony at all.

Regarding division of property, Georgia judges are required to divide property equitably, which is different from equally; it means by deciding what would be fair. To help that determination, “the conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible” (Wood v Wood, 283 Ga. 8 (2008)). Bottom line: proven adultery will most likely be factored into the equation when things are being divided.

Infidelity: Can Your Marriage Survive?

In today’s world, infidelity looks very different. The internet has led to no-contact mutual sexual gratification with another person, live, on a new level. And similarly, long hours on the internet relating with another has led to “emotional ” cheating, leaving a spouse feeling betrayed by the intimacies shared with another.

Infidelity, in whatever form it takes, does not always lead to divorce. Some people seem to overcome it: look at Bill and Hillary Clinton; listen to Tammy Wynette’s anthemic “Stand By Your Man.” While some couples are better for the experience; others might plod along in mutual misery until they eventually divorce or die. Still others will move on quickly. Tammy herself was married five times, once for 44 days.

What is the difference between couples whose marriage either survives or succumbs? Which comes first? Is a broken marriage the gateway to infidelity? Or does infidelity cause the marriage to break? I think it goes both ways. Either way, as the potential end of a marriage, the reaction to cheating deserves some careful consideration.