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Is it ok to have a boyfriend/girlfriend live with you, if you are separated from your spouse, but not divorced?

Saint Marys, GA |

I heard a rumor that you can't have a girlfriend/boyfriend spend the night in the state of Georgia if you are seperated from your spouse, but not divorced or even legally seperated. My spouse moved her boyfriend in.

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Attorney answers 3


Instead of searching the internet for rumors, especially incorrect ones, get a lawyer. There is no law that says she can't have men over (except if she happens, and it is unlikely, to prosecuted for certain sexual acts). There MAY be implications from it, as a judge might consider her conduct as to alimony, custody and division of assets, depending on the case. (Georgia doesn't have legal separations - you are NOW in a state of separation).

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Thank you very much.


It is neither "okay" or "not okay" for an estranged spouse to live with a boy/girlfriend. If the parties are separated, the new arrangement would not be considered adultery per se. However, it CAN negatively impact that person's position in the divorce proceedings. And it definitely runs the risk of complicating matters. Therefore, it is ill-advised. (It is always best to resolve one relationship before moving on to another.)

By the way, living with someone is definitely not the same thing as spending the night. But either way, the rumor that you heard about Georgia is false; there are no prohibitions against it. It is just a bad idea.

Rather than investing so much time into researching rumors, you would be better served by taking steps to dissolve your marriage. The sooner you close this chapter of your life (since it is obvious that your spouse has moved on), the sooner you can get started with the next. You need to contact a family law attorney and proceed with a divorce.

I hope this information helps answer your question(s).

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


It is very important that you employ experienced and competent counsel to represent you as soon as possible. The conduct of your spouse can have a definite effect upon issues such as custody and visitation, child support, alimony, and the division of marital property. The fact that your spouse "moved her boyfriend in" is probably indicative of the fact that the relationship began before you separated. You may be living apart, but in Georgia that does not mean that you are "legally separated" unless there is an action for separate maintenance or divorce pending.
In order to protect yourself and to perhaps curtail your wife's inappropriate conduct, you need to proceed with the appropriate action.

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