Can An Ex Get Spousal Support If They Cheat?

Written by:

Spousal support, or alimony, can often be awarded during divorce settlements for a variety of reasons. However, if you and your partner are divorcing because they cheated on you, you will not be required to pay spousal support under Georgia law.

We decided to write this blog post after we were asked this question from a viewer:

In my marriage, I am the breadwinner. I earn six figures and my husband has a hard time keeping a job. I just found out that he has been cheating on me and I want a divorce. He says that if I leave him, he will make sure that I continue to support him financially. Should I expect to have to pay him spousal support? —Ashthon J.

Simply put, no. However, we’ll offer you a full explanation in today’s blog, and you can always contact our family law firm for divorce help in Atlanta. Our team of local divorce attorneys is here to help you with divorce and custody, alimony, and professional divorce advice. Contact us today to get started with your own personalized divorce help!

Adultery Is A Bar To Spousal Support In Georgia

In Georgia, adultery is a complete bar to spousal support if the adultery is the reason for the divorce. It would be unjust for your spouse to be able to cheat on you and also make you support them financially. However, if you divorce for reasons other than the adultery, you may still be required to pay spousal support. Your divorce attorney can help you work through this, its implications, and its expectations when you reach out to them for divorce help.

So, in the situation presented above, the husband would not be entitled to any financial support because he cheated.

Reasons For Divorce In Georgia

Divorce laws between states vary. In Georgia, the following reasons are considered legal grounds for divorce:

  • Abandonment or desertion – willful abandonment for at least a year
  • Adultery – this must be the cause of the breakdown of the marriage. If adultery happened in the past and was forgiven, it cannot be claimed as the reason.
  • Cruel treatment – physical or mental
  • Drug addiction
  • Impotence (at the time of marriage)
  • Irreconcilable differences
  • Mental incapacity (at the time of marriage)
  • Pregnancy by another man (at the time of marriage)

Check out our blog post on the basics of divorce to learn more.

What You Should Know About Spousal Support

Your divorce attorney should be able to offer you experienced divorce help regarding spousal support. However, there are three things you should know about alimony:

  • Your need for the support will be a large consideration
  • The divorce court will examine your partner’s ability to pay for the support
  • Spousal support is often awarded for a set time limit

Get Divorce Help In Atlanta

The divorce process can be overwhelming and confusing, especially when you throw in spousal support. You’ll need divorce help from local divorce attorneys you can trust — like the ones at The Fairell Firm. Our team of female divorce lawyers will support you and offer sound divorce help personalized to your case. Contact us today to get started in the Atlanta area. Our office is located in Tucker.

Leave a Comment