How each spouse treated the other is evidence in a Georgia alimony case, and it can affect whether alimony is awarded and how much.
What the Statute Says
OCGA 19-6-1(b) provides that “the court shall receive 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 upon which a divorce is sought or granted by the court.” And under OCGA 19-6-1(c), “[i]n determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.” So conduct comes in even when the divorce itself is granted on no-fault grounds.
How the Courts Read It
In Bryan v. Bryan, 242 Ga. 826 (1979), the Georgia Supreme Court laid out the order of questions: first, whether the spouse is barred entirely by adultery or desertion; if not, whether to grant alimony at all, “considering the factual cause of the separation and considering husband’s conduct toward her”; and finally the amount. Conduct after the separation can count too, where it “prevented reconciliation of the parties.” Hand v. Hand, 244 Ga. 41 (1979).
Conduct and the Amount
Older cases said misconduct could affect entitlement but not the amount. In Frost v. Frost, 299 Ga. 278 (2016), the Georgia Supreme Court held that rule “was clearly abrogated by the 1981 statutory amendment” adding the catchall factor in OCGA 19-6-5(a)(8), and upheld an award that took the husband’s affairs into account. For example, in Farrish v. Farrish, 279 Ga. 551 (2005), the court weighed against the husband’s ability to pay the fact that he “accumulated substantial debt after the separation by providing monetary support for his paramour and her family.”
Still, alimony is “never for the purpose of penalizing the husband or the wife for his or her misconduct.” Thomas v. Thomas, 233 Ga. 916 (1975). Conduct is context, not a fine.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!