Adultery is not only emotionally distressing, it can also influence how assets are divided during divorce proceedings in Georgia. If infidelity played a role in the breakdown of your marriage, the court may factor that into decisions about property division.
Georgia applies equitable distribution
Georgia follows the principle of equitable distribution, which aims to divide marital property in a manner deemed fair rather than strictly equal. Judges evaluate numerous factors, including the financial and non-financial contributions of each spouse, the duration of the marriage, and each party’s conduct. Adultery is one behavioral factor that may impact the court’s judgment.
Proven adultery can impact entitlements
Proving adultery can reduce the unfaithful spouse’s claim to marital assets or alimony. The court may give a greater share of the property to the faithful spouse, especially when the infidelity directly causes the divorce. The accusing spouse must back up their claims with credible evidence for the court to consider them.
Financial impact of infidelity matters
Adultery is especially significant when it results in financial harm to the marital estate. If the unfaithful spouse used joint funds to support an extramarital relationship, such as purchasing gifts, funding travel, or covering living expenses, the court may view that as a dissipation of assets. In such cases, judges typically adjust the division of property to compensate the other spouse.
Before pursuing claims of adultery, ensure you have convincing proof, such as messages, photographs, or testimony from witnesses. Courts do not act on speculation or hearsay. Weak or baseless accusations may harm your credibility and affect your case adversely. Judges rely on factual evidence to make informed decisions.
