Will I be entitled to alimony if I am disabled and my wide committed adultery?

I’ve been married for 12 years, the last 2 I’ve been injured by way of an spinal cord operation. Doctors gave me 100% disability (awaiting SSI now). My wife is a nurse by trade but she is not working now. We moved from VA to GA to get a fresh start. We live with her grandmother and I recently found out that she has been cheating on me for the past 3 months. She admitted it and told me that I need to leave her grandmother’s home by the end of the month. I have no friends or family here. I have no income and my only home is in NY where my mother is.

Asked on August 23, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation here.  It is my understanding that spousal support in not a given in Georgia but rather than the courts make that determination on a case by case basis.  There are, though, various factors that the court will consider after determining if one spouse has a need and the other spouse has the ability to pay. 

  • Duration of the marriage
  • Causes of separation
  • Standard of living
  • Financial Resources
  • If applicable, time necessary to obtain education and training for employment
  • Contributions, including homemaking, childcare, education, and career building
  • Condition of the parties, including separate estate, earning capacity and fixed liabilities
  • Such other factors as are equitable and proper

Please note that her adultery is not generally considered a factor. Sounds here though that she is not working at all and you have income coming in.  Should that change and she has income then you can ask for support.  Otherwise you may want to consider a move,


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