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He cheated: Will the judge give me a better divorce settlement?

Your husband cheated on you and now wants a divorce to be with his mistress, leaving you heartbroken, angry, and wondering if his infidelity will have any impact on your divorce settlement.

Is it possible that you may receive a substantial alimony payment each month? Will you now get more of the marital property since he is at fault in the divorce?

It is because of these types of questions that you should take the time to understand your rights and options in Georgia when you are undergoing divorce proceedings.

Below are some of the basics concerning how your divorce can be affected due to your spouse's infidelity.

At fault divorce

Georgia recognizes at fault divorces, meaning that the marriage collapsed due to the actions of one spouse. In this case, your marriage is ending due to your husband's adultery. As a result, you may be granted a substantial amount in alimony payments.

Negotiations taking place outside of the courtroom could also weigh heavily in your favor. Typically, the cheating spouse feels guilt for his actions and is willing to settle with very generous terms.

Division of property

While adultery usually does not have an impact on the division of assets, Georgia's at fault rule could work in your favor for this part of the proceedings as well.

You could potentially receive a significant portion of the marital property and other assets acquired during the course of your marriage.

Also, if your husband used any of your joint property to support his mistress, the judge will take this into account while determining the fair distribution of assets.


Custody is not usually affected by divorce as a result of adultery. However, if your spouse was engaging in the affair in front of your children or exposed them to situations or people that could be deemed inappropriate, his custody rights could be severely limited.

Person injury

If your husband contracted a sexually transmitted disease during his extra-marital exploits and brought it home to you, you may have the option to pursue a personal injury case against him.

Dealing with divorce is an emotional and complicated process, especially in cases where the end of your marriage is due to your spouse's affair. The first step is to make sure you know your rights when it comes to custody, property division, and alimony in Georgia.

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