Daniele Johnson & Associates

How Does Adultery Impact A Divorce Case?


May 15, 2017 | Comments (0)

There is the statute that specifically states that one is absolutely barred from receiving alimony if adultery was committed AND the adultery was the cause of the breakdown of the marriage. You have a situation where the husband and wife are married. If the wife has an affair, and decides to leave the husband for the other man, she is statutorily barred, she cannot ask for alimony. She will not receive alimony, because under that scenario, it will be easy for the husband to show, it could affect that type of scenario.

What Measures Can Someone Take To Counteract Non-Payment Of Alimony?

For non-payment of alimony, you can go to court. The alimony award is going to be made part of a court order. If the court orders demands and you failed to follow through, you are in contempt of court, and you are subject to sanctions by the court. Sanctions can include monetary means, you have to be responsible for the plaintiff’s attorney’s fees, or it can go as far as incarceration. A court order is enforceable by law.

Important Information Regarding Spousal Support And Alimony

One thing that many people do not know, or attorneys tend to forget, is that alimony is transferable. This means that if the recipient of the alimony dies before the lump sum amount of money is paid, she can pass that to her heirs. If there is lump sum alimony awarded, and the payer spouse dies before the alimony amount satisfies, the payee can actually sue the estate for that payment. This scenario can be avoided by simple obtaining a life insurance policy for the amount of alimony awarded and maintaining that policy until the obligation is satisfied.

Another thing I wanted to say about alimony is that when you are looking at the entire package of the divorce, in negotiations for a final hearing, mediation, or whatever the case may be, you need to know the difference between alimony, and division of property. When you are dealing with the division of assets pursuant to a divorce case, an asset for example, could be a 401K, stocks bonds, and bank accounts that are division of assets. That division is considered not to have a tax consequence. It is not considered a taxable income to the spouse. The difference between that and alimony is that alimony must be reported as taxable income to the person who is receiving it, and is considered a taxable deduction of income to the person who is paying it.

For more information on Impact Of Adultery On A Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 984-5311 or contacting us today.

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Daniele Johnson & Associates provides strong and compassionate legal representation for all types of Family law cases in GA.