Adultery, Desertion and Conduct in Georgia Alimony
In Georgia, a party is not entitled to alimony if his or her adultery or desertion caused the separation, shown by a preponderance of the evidence; the court hears evidence of the cause of separation in every alimony case and considers each party’s conduct toward the other.
The bar
A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion (O.C.G.A. 19-6-1(b)). It is a complete bar for the party at fault, and it applies whatever the grounds for the divorce.
Evidence of the cause of the separation
In all cases in which alimony is sought, the court receives evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds on which a divorce is sought or granted. So even in a no-fault divorce, a spouse who asks for alimony can face evidence about why the couple separated.
Conduct toward each other
In all other cases the court, in deciding whether to grant alimony, considers evidence of the conduct of each party toward the other (Section 19-6-1(c)). Conduct short of adultery or desertion does not bar alimony, but it can affect whether alimony is granted.
Burden and proof
The standard is a preponderance of the evidence, meaning more likely than not. Keep records such as messages, financial statements and witness names early, and ask a licensed Georgia attorney how the court has treated evidence like yours.
Asset freeze while alimony is pending
Pending final determination of the right to alimony, neither party may make any substantial change in the assets of his or her estate except in the course of ordinary business affairs and except for bona fide transfers for value (Section 19-6-1(e)).
Questions for the negotiation
If you settle, the agreement can address alimony and what events end it. The bar for adultery or desertion matters mainly when alimony is contested.
Try the calculator
The Georgia alimony calculator lets you mark whether adultery or desertion caused the separation and shows how the bar changes the result.
Frequently asked questions
Does adultery stop alimony in Georgia?
A party is not entitled to alimony if the separation was caused by that party's adultery or desertion, established by a preponderance of the evidence.
Does a no-fault divorce avoid the adultery bar in Georgia?
No. The court receives evidence of the cause of the separation whenever alimony is sought, regardless of the grounds for the divorce.
Does bad conduct other than adultery affect Georgia alimony?
The court considers evidence of each party's conduct toward the other in deciding whether to grant alimony, but only adultery or desertion bars it.
What is the standard of proof for the Georgia adultery bar?
A preponderance of the evidence.
Can I move assets while Georgia alimony is pending?
Not in a substantial way, except in the course of ordinary business and bona fide transfers for value.
Official sources
- O.C.G.A. 19-6-1: alimony defined; permanent and temporary
- O.C.G.A. 19-6-5: permanent alimony; determination of amount
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.