A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Georgia, adultery is defined as a married person having sexual intercourse with someone who is not their spouse and can be grounds for divorce. Georgia is an equitable distribution state, which means that marital property is divided equitably, but not necessarily equally, in the event of a divorce. If a spouse has spent marital assets on a paramour, the non-cheating spouse may have the right to seek reimbursement. The court may consider the dissipation of assets when one spouse uses marital funds for non-marital purposes, such as buying gifts for a paramour. The non-cheating spouse can request the court to order reimbursement to the marital estate. This could involve returning the gift if it retains value, like jewelry, or compensating the marital estate with separate funds from the cheating spouse. It's important to note that the specifics of each case can affect the outcome, and an attorney can provide guidance tailored to the individual circumstances.