Peters v. Peters
283 S.E.2d 454, 1981 Ga. LEXIS 1019, 248 Ga. 490 (1981)
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Rule of Law:
A spouse's adultery, while a statutory bar to receiving alimony, does not automatically preclude that spouse from receiving an equitable division of marital property. The adulterous conduct is, however, a relevant factor for the court to consider when determining how to divide the property equitably.
Facts:
- A husband and wife were married.
- The wife committed adultery during the marriage.
- The parties separated as a result of the wife's adultery.
- Upon separation, the parties had marital property to be divided.
Procedural Posture:
- The appellant husband sued the appellee wife for divorce in a trial court, alleging adultery.
- The wife filed a counterclaim for equitable property division more than 30 days after being served with the complaint.
- The trial judge granted the husband's motion for summary judgment on the divorce itself, based on the wife's adultery.
- The husband then moved to dismiss the wife's counterclaim for property division, arguing it was filed too late and that her adultery barred such a claim.
- The trial judge denied the husband's motion to dismiss and granted the wife's request for a jury trial on the property division issue.
- The husband (now the appellant) was granted an application to appeal the trial judge's denial to the state's highest court.
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Issue:
Does a spouse's adultery, which statutorily bars them from receiving alimony, also preclude them from receiving an equitable division of property?
Opinions:
Majority - Per curiam
No. A spouse's adultery does not preclude them from obtaining an equitable division of property. The court reasoned that alimony and equitable property division are legally distinct concepts. While a Georgia statute explicitly bars an adulterous spouse from receiving alimony if their conduct caused the separation, there is no such statutory bar regarding the division of property. Therefore, even if a spouse is ineligible for alimony due to adultery, they may still be entitled to an equitable share of the marital assets. The court held that the adulterous conduct is a relevant and admissible factor for the jury to consider in determining what constitutes a fair and equitable division.
Concurring - Marshall, Justice
Yes, I agree with the court's holding. While I disagreed with the precedent set in Stokes v. Stokes, I accept it as controlling law. Under that precedent, it is correct that adultery is not an absolute bar to equitable property division, but it is a relevant factor for consideration in the division process.
Analysis:
This decision solidifies the distinction between alimony and equitable property division in family law. It establishes that while marital fault like adultery can be an absolute statutory bar to support payments (alimony), it is merely a discretionary factor in the division of assets. This prevents a punitive forfeiture of property rights based on misconduct, reinforcing the principle that property division is intended to fairly distribute assets accumulated during the marriage, not to punish a guilty party. The ruling ensures that even a spouse found to be at fault for the divorce can still assert a claim to their share of the marital estate, with their conduct being one of many factors in the 'equitable' calculation.
