Adultery, Alimony, and Absolution: What You Need to Know in Georgia
Adultery, alimony, and absolution may sound like salacious topics, but in today’s world, the reality is far less dramatic than one might imagine. In the post-Girls Gone Wild era, adultery has taken on a more subdued and almost antiquated role, especially in the context of Georgia divorce law.
The Changing Role of Adultery in Divorce
In 2022, the significance of adultery in Georgia divorce law is not as impactful as many believe. While it remains one of the thirteen grounds for divorce under O.C.G.A. § 19-5-3, its influence has diminished over time. Judges today are less likely to view adultery with the same disdain as in the past, reflecting a shift in societal attitudes since the days of The Scarlet Letter.
What Constitutes Adultery in Georgia?
Under Georgia law, adultery is defined as sexual intercourse with someone other than your spouse. This includes both heterosexual and homosexual extramarital relationships. However, other forms of unfaithfulness—such as sexting, kissing, or oral sex—do not meet the legal definition of adultery unless sexual intercourse is involved.
Adultery and Alimony: The Connection
Although its significance has waned, adultery can still have serious implications in divorce cases, particularly when it comes to alimony. In Georgia, adultery can bar a spouse from receiving alimony if it is proven to be the cause of the separation. However, if the adultery did not lead to the dissolution of the marriage, it will not serve as a bar to alimony.
The Role of Condonation in Adultery Cases
Adultery can also lose its legal significance through a concept known as condonation. Borrowed from religious teachings, condonation refers to the forgiveness of adulterous behavior. Under Georgia law, condonation occurs when a spouse forgives the adulterous conduct by resuming cohabitation and marital relations (i.e., sexual intercourse) with full knowledge of the affair.
Condonation is an affirmative defense that must be raised by your lawyer during the divorce proceedings. Once condonation is established, the prior adulterous conduct can no longer be used as grounds for divorce.
Forgiveness Has Consequences
In practical terms, adultery can bar alimony unless it is forgiven. While the saying “to err is human, to forgive is divine” may hold true, forgiving adultery wipes the slate clean and removes its legal impact.
