Alimony: I had an affair

Posted by William H. Sherman on Apr 30, 2017 | 0 Comments

Question:  My husband has lost interest in me and I want to get a divorce lawyer. For the past two years he hasn't really talked to me or shown any interest at all in me. When I ask him what the problem is, he just says he has better things to spend his time on. Sometimes he'll watch sports, or work on his old car, or look at the internet for hours and hours (I think he's a big pornography watcher) or he'll just sit alone and drink till he passes out. Sometimes he'll call me nasty names when he drinks and make fun of my backside.

I've tried everything to get him back interested in me, but nothing seems to work. I even went to counselling at my church to be a better wife, but that had no effect on him. I've lost weight, started wearing designer clothes and even had plastic surgery. He said I wasted the money on the plastic surgeon.

He works a lot too. He's a software developer in Sandy Springs and he travels often for business. He flies all over the country and the world for his job. And when he gets home to Cumming, Georgia, he's always tired and complains about his boss, who he calls a jerk.

One time, when he was away on a business trip, I ran into his boss at a Publix supermarket. I really hadn't met his boss before but the boss recognized me from a picture my husband has of me in his office. His boss seemed so nice and he asked me if I wanted to go out with him for some coffee at a Starbucks next door.

Well, I'm kind of embarrassed to say that led to an affair for 6 months. I don't think my husband knows about the affair, but he might.

One night my husband recognized a picture that his boss emailed me. He asked me why his boss was emailing me, and I said he probably just had a wrong email address. But that got my husband suspicious.

Anyway, I want to know if having an affair can prevent me from getting alimony in a divorce. So I want to communicate with a Forsyth County alimony lawyer.

M.O. in Cumming, GA

Answer:  Under Georgia law, having an extramarital relationship can prevent alimony from being paid. This is a long-standing fact of Georgia law. If a man can prove that his wife had an affair, that can prevent the payment of alimony, even in a very long marriage.

But remember, it has to be proven that the other party had an affair. That is not necessarily so easy to do. But of course, it can be done. The proof can be from text messages, emails, pictures or Facebook messages. There are actually numerous ways to demonstrate an affair. We have hired private detectives to prove infidelity.

And sometimes the proof is obvious. We've seen a party to a divorce move in with a boyfriend and have a baby. That's obvious infidelity

But just because someone has had an affair does not mean they won't get some sort of alimony. We've had cases where cheating could be proven easily, but the other party, for various reasons, was fine paying some amount of alimony. He could have said no to any alimony, but he wanted his ex-wife to get some financial support. As a Cumming divorce lawyer, I can tell you each case is different. 

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About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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