Adultery & Equitable Division
If My Spouse Committed Adultery, Does This Affect Property Division?
Yes. If it is proven that your spouse cheated, then the adultery/misconduct will affect how marital property and assets are distributed between the parties during a divorce. In a Georgia divorce, if misconduct on the part of one of the spouses is proven, that spouse may face consequences regarding the award of alimony and the equitable division of marital property.
Adultery's Affect on Property Division
Although an adulterous spouse may not be
entitled to an award of alimony under Georgia law, an adulterous spouse will
not be totally barred from receiving an award of the marital property as a
result of his or her misconduct. Mack v. Mack, 234 Ga. 692 (1975). However, the
amount of marital property awarded to the guilty spouse may be decreased as a
result of his or her misconduct.
Equitable Division Generally
Georgia is an equitable distribution state. Upon divorce, spouses are not guaranteed an equal split of their marital property. Equitable means fair; and, according to Georgia law, fair does not always mean equal. Generally, equitable distribution does result in the division of the estate 50/50 unless there is a reason to give one spouse a greater portion of the marital property. One reason to give one spouse a larger share of the marital property is the bad conduct of the other spouse. This bad conduct, of course, includes adultery.
Proving Adultery For Property Division
What Does The Court Consider?
Adultery and Separation
Marital Funds Used During Affair
Proving Adultery is Difficult
Compare Adultery's Affect on Alimony Vs. Equitable Division
Adultery & Alimony
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Adultery can be a total bar to alimony
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Adultery must be proven by preponderance of the evidence
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Adultery may not bar alimony if there is condonation
Adultery & Property Division
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Adultery can result in a reduced martial property award
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Adultery must be the cause of the separation
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Take into account if martial funds were used during affair