When it comes to settling disputes in a divorce case, whether or not a spouse committed adultery can have a major impact on the case. However, adultery doesn’t always have the impact that individuals involved in the divorce might expect. Here is a closer look at some of the biggest myths involving adultery, alimony, and divorce in Georgia.

Adultery Will Determine Who Gets Custody of Children

In a divorce case, some people assume that if adultery occurred, the person who committed adultery will not get custody or if they are the victim of adultery, they automatically get custody. However, child custody law is rarely so simple. While the fact that adultery occurred can give the victim a “leg up,” so to speak, if children were exposed to inappropriate situations, it is rarely the final decision for determining custody.

The court will still look at who can provide the best situation for the children, using factors such as the parents’ physical and mental health, as well as who has been caring for the children. As such, the spouse who committed adultery could still win the custody battle.

Adultery Guarantees Entitlement to Alimony

The relationship between adultery and alimony in Georgia can be confusing. Under state law, the person who committed adultery cannot receive alimony if the affair is the cause of the separation. However, this doesn’t mean that the victim of adultery is automatically entitled to alimony. 

The court will still base this decision off the spouses’ standard of living, financial resources, earning capacity, and other factors used for standard alimony cases. However, if the cheating spouse spent a lot of money on their affair, this will likely affect the division of property in favor of the victim.

Whether you need help navigating alimony or other family law issues related to a divorce, you can rely on the experienced team at NMS Law Firm - Nina M. Svoren LLC in Toccoa, GA. Attorney Nina M. Svoren draws from over 25 years of legal experience to represent your interests. To learn more about how she can help with your case, visit her online or call (706) 282-4696.