You generally prove defamation against a spouse in Georgia by showing that the spouse made a false statement about you to someone else, that the statement was not protected by a legal privilege, and that it caused the type of harm recognized under Georgia law.
While many people associate defamation with public figures or businesses being criticized online, it can also arise in divorce and separation cases. For example, one spouse may make false statements about the other to mutual friends, coworkers, or family members. These statements can become especially important when they affect the person’s reputation or other interests.
Because these cases involve specific legal requirements, it is important to understand the elements of a defamation claim and how they may apply when the people involved are spouses going through a divorce.
How Do You Prove Defamation Against a Spouse in Georgia?
Here are some very helpful ways you can prove defamation against your spouse in Georgia:
Show that your spouse made a false statement about you
Georgia law defines libel as false and malicious defamation expressed through writing, pictures, or signs, where the statement tends to damage the person’s reputation. The law also requires publication of the statement for a libel claim.
In other words, truth is a complete defense to defamation in Georgia, so the first thing a court will look at is whether the statement was actually false.
If your spouse told people you were fired for cause and you actually resigned, that’s a factual claim a court can weigh. If they said something that’s more opinion than fact, like calling you a bad partner, that’s much harder to build a case around.
Establish Fault
You must show that your spouse was at least negligent, meaning they failed to take reasonable care to verify the truth of what they were saying before repeating it.
If the statement touches your profession, like accusing you of stealing from your employer, Georgia treats that as libel or slander per se, and you may not need to prove specific financial harm.
Prove that another person heard or received it
If your spouse tells you privately, “You are a dishonest person,” there is generally no publication to a third party. Defamation requires communication beyond the person being defamed. A text sent to your sister, an email to your boss, a statement to your neighbors, or a social media post could be different because someone else received the allegation.
Georgia courts have repeatedly treated publication to a third party as an essential part of a defamation claim.
Deal with privilege, especially during a divorce
This is where a case involving spouses can get complicated. Some statements may be protected even when they are false. Georgia recognizes both absolute and conditional privileges.
For example, statements properly included in court pleadings can receive absolute protection under Georgia Code § 51-5-8. That means filing a defamation lawsuit over something your spouse wrote in a divorce pleading may not work simply because the allegation was false.
That does not give someone a free pass to repeat the same accusation everywhere else. Where the statement was made, who received it, and why it was communicated can all matter.
Keep evidence showing exactly what happened
Save the original message, email, post, letter, or recording if you have it. Screenshots can help, but keeping the original communication and information showing when and how it was received is even better.
If your spouse told your employer that you stole money, for example, evidence from the employer about what was said and how it affected your job could become important.
A vague statement that your reputation was damaged is much harder to prove than evidence tied to an actual communication and consequence.
Key Takeaways
- A defamation claim against a spouse requires a false statement, shared with someone else, that damages your reputation.
- Opinions and private arguments between spouses generally don’t qualify, even if they’re hurtful.
- Georgia treats written and spoken defamation separately.
- If the statement was put in a text, email, letter, post, or another written form, it falls under libel. Spoken accusations are generally treated as slander under Georgia law.
- Georgia law gives certain statements made in court proceedings strong protection, so a false allegation in a divorce filing does not automatically mean you can sue for defamation.
