Understanding How Sexual Devices, Private Purchases, and Bedroom Behavior Can Impact Your Georgia Divorce Case
Divorce is never easy—but when private, intimate details spill into the courtroom, things can become not just painful, but embarrassing. One often-overlooked issue in divorce cases is the presence and use of sex toys, adult novelties, and related sexual paraphernalia. While they may seem irrelevant or purely personal, sex toys can actually influence key aspects of your Georgia divorce—from property division and custody to allegations of infidelity or misconduct.
At The Sherman Law Group, our divorce attorneys have handled divorce cases where private bedroom items unexpectedly became public legal evidence. This blog post offers a frank, respectful, and legally sound exploration of how sex toys might impact your divorce, and what you should do if this issue arises in your case.
1. Are Sex Toys Considered Marital Property in Georgia?
Georgia is an equitable division state, which means that property acquired during the marriage is generally subject to fair—but not necessarily equal—division during divorce.
Key Points:
- Sex toys and adult items are considered personal property.
- If they were purchased during the marriage, they may be treated as marital assets, regardless of who used or paid for them.
- However, the value of such items is often negligible. Most judges and attorneys don't spend time arguing over who gets a used vibrator, for example.
That said, high-end items (like motorized machines, luxury BDSM gear, or custom products) may carry enough value to be listed in asset disclosures.
2. Can Sex Toys Be Used as Evidence in a Divorce Case?
Yes—and it happens more often than you might expect. Adult items have shown up in divorce cases as:
- Evidence of infidelity (e.g., items purchased or used with a lover)
- Evidence of abuse or coercion
- Evidence of sexual incompatibility or addiction
- Evidence relevant to custody or parenting ability
Common Scenarios:
- One spouse finds a hidden sex toy or gift receipt and suspects cheating.
- An expensive item is discovered with someone else’s DNA.
- One party alleges that the other forced them into non-consensual sexual practices.
If such items are introduced in a legal filing, their relevance will be determined by the judge. Some may be excluded as inflammatory, while others could become part of the case record.
3. When Sex Toys Become Custody Issues
Sexual behavior—and the presence of sexual paraphernalia—can have serious implications for child custody disputes, especially when:
- Items are left within reach of children
- Children are exposed to adult videos, devices, or conversations
- A parent’s sex life interferes with parenting responsibilities
Georgia courts prioritize the best interest of the child. If your spouse accuses you of being sexually reckless, irresponsible, or deviant in ways that affect parenting, your sex toy use could come under scrutiny.
That’s why it’s critical to:
- Keep adult items secured and out of sight
- Avoid leaving digital content or adult apps accessible to minors
- Consider how your lifestyle may be perceived by a judge or custody evaluator
4. What If Sex Toys Are Used to Prove Cheating?
Georgia is one of the few states that still recognizes fault-based divorce grounds, including adultery. If a spouse can prove that the other committed adultery, they may:
- Be barred from receiving alimony
- Face consequences in custody, depending on circumstances
- Lose moral standing in front of a judge
Sex toys can become circumstantial evidence of cheating when:
- They’re linked to someone outside the marriage (through text messages, receipts, or DNA)
- The non-owning spouse finds them unexpectedly
- The items were purchased secretly or gifted to a third party
In some cases, spouses have submitted bank statements, photos, or packaging from online adult toy orders to demonstrate suspicious behavior.
5. What Happens If Sex Toys Are Brought Up in Court?
Generally, most divorce proceedings in Georgia do not focus on the specifics of your sex life. However, if your case involves:
- Allegations of abuse or coercion
- Disputes about child custody
- Claims of adultery
- Contentious asset division
Then yes—sex toys might be mentioned in open court. While judges aim to be professional and fair, these discussions can be deeply personal and embarrassing.
To minimize impact:
- Work with an attorney to exclude irrelevant evidence
- Argue for privacy protections (e.g., sealed documents)
- Stay composed—judges often frown on parties who appear vengeful or eager to humiliate
6. Can Sex Toys Be Considered “Wasting of Marital Assets”?
Yes. If one spouse has spent large sums on adult items, pornography, escort services, or sex-related travel, the other spouse may argue that they wasted marital assets, which can affect equitable distribution.
Examples:
- Spending $3,000 on sex robots or bondage furniture
- Funding a secret OnlyFans subscription using marital funds
- Traveling out of state for sex clubs or swinger parties
The court may compensate the non-spending spouse by awarding a greater share of the remaining assets.
7. Is It Illegal to Own or Buy Sex Toys in Georgia?
No. Unlike in the past, Georgia does not ban the possession or purchase of sex toys. As long as items are:
- Legally sold to consenting adults
- Used privately
- Not part of coercion or abuse
…then ownership is perfectly legal. However, using sex toys against someone’s will, or involving minors in any way, is illegal and can result in criminal charges.
8. Tips for Protecting Your Privacy and Rights During Divorce
- Inventory and secure all adult items—especially those of value or tied to disputes.
- Avoid discussing your sex life in text messages, emails, or social media.
- Keep any shared sex toys or devices out of the marital home if you fear accusations.
- Talk to your attorney if you believe photos, videos, or recordings exist.
- Be proactive. Don’t let your spouse surprise you in court with items you assumed were private.
FAQ: Sex Toys & Divorce in Georgia
- Can my spouse really bring up sex toys in court?
Yes—especially in cases involving infidelity, abuse, or parenting concerns. Judges decide what’s relevant, but sex-related evidence can sometimes be allowed.
- Are sex toys divided like any other marital property?
Technically yes, though most are low in value. If they’re expensive or symbolic of misconduct, they may get more attention during division.
- What if my spouse used our sex life against me in court?
It’s possible, but your attorney can object to irrelevant, salacious, or humiliating claims—especially if they don’t affect the legal issues at hand.
- Can I keep sex toys out of the hands of my children during divorce?
Yes—and you should. Judges take exposure of minors to adult material seriously. Lock up or remove all adult content from shared spaces.
- What if sex toys are used to claim I’m unfit for custody?
Your legal team can argue that consensual adult behavior doesn’t impact parenting—unless children are exposed or illegal conduct is involved.
- Is it illegal to buy sex toys in Georgia?
No. Sex toys are legal for consenting adults. But how you use them, store them, and talk about them during divorce may matter in court.
- Can my spouse take sex toys I bought for myself?
If purchased with joint marital funds, they might technically be marital property. But judges rarely divide such personal items unless they are valuable or disputed.
8. Can my spouse use sex toys as evidence against me in court?
It depends on how the toys are involved. If they’re used to allege infidelity, sexual deviance, or unfit parenting, your spouse may try to introduce them. But Georgia judges are unlikely to admit such items as standalone evidence unless clearly tied to misconduct or child welfare issues.
9. What if we bought sex toys together—who gets them in the divorce?
Sex toys are considered personal property. If they were purchased jointly, they could be viewed as marital assets, but judges typically leave personal intimate items out of asset division unless they are particularly valuable (e.g., high-end collectibles or tech-enabled devices).
10. Can I be accused of adultery if I used sex toys with someone else during the marriage?
Potentially. If the use involved a third party in a sexual way (even via webcam or sex toy interaction), it could be cited as evidence of infidelity, especially if it involved physical or emotional intimacy that undermined the marriage. Georgia law considers adultery broadly.
11. Could sex toys impact child custody if they’re found in the home?
Possibly—but only if they are accessible to children, stored inappropriately, or tied to other concerning behavior (like substance abuse or risky sexual conduct). A judge is unlikely to penalize a parent solely for owning sex toys unless it suggests an unsafe or inappropriate environment.
12. My spouse used sex toys to secretly record me. Is that legal?
No. In Georgia, recording someone without consent—especially in a private setting like a bedroom—could violate privacy laws and even constitute a crime. If this occurred, you should tell your attorney immediately.
13. What if my spouse spent a lot of money on sex toys during the marriage? Can I get reimbursed?
If the purchases were excessive, hidden, or part of an affair, your lawyer might argue marital waste and ask the court to adjust asset division accordingly. This is especially relevant if credit cards or joint accounts were used to finance the purchases.
14. Can sex toy usage be used to question my mental fitness or stability in court?
Only in extreme or unusual circumstances. A history of consensual sex toy use between adults does not reflect poorly on your mental health or fitness. However, if tied to risky behavior, criminal activity, or boundary violations, it might be raised.
15. Can I get a restraining order if my spouse uses sex toys in a threatening or violent way?
Yes. If your spouse uses any object—including a sex toy—as a means of threatening, harming, or intimidating you, you may qualify for a Temporary Protective Order (TPO) in Georgia. This is especially urgent in situations involving domestic violence or sexual coercion.
16. What if my spouse uses sex toys in ways that make me uncomfortable? Can I mention that in court?
You can—and should—discuss any behavior that contributed to emotional distress, fear, or the breakdown of your marriage. Judges take claims of sexual coercion or emotional manipulation seriously. However, consensual preferences, even if unconventional, aren’t usually treated as legal faults.
17. Can I ask the court to keep details about sex toys private during my divorce?
Yes. Your attorney can request sealed filings, closed hearings, or redactions to protect your privacy. Georgia courts may honor such requests if the content is highly sensitive and not central to public interest.
18. Can the use of cock rings come up in a Georgia divorce case?
Cock rings, like other sex toys, are generally considered personal items. Their existence alone doesn’t typically impact the outcome of a divorce unless one party uses them as evidence of unusual sexual behavior that allegedly contributed to the breakdown of the marriage. If a spouse alleges infidelity, abuse, or coercion involving such items, they might be raised in court—but only if directly relevant.
19. Can anal beads or similar toys be used as evidence in court?
Anal beads, dildos, or other intimate items are rarely presented as evidence unless they're directly tied to claims of:
- Non-consensual behavior,
- Financial misconduct (such as large hidden purchases),
- Moral fitness (in custody battles), or
- Infidelity (if used in a context involving another person).
Without a direct legal connection to contested issues in the case, judges generally won’t allow these items to be introduced in court.
20. My spouse bought expensive sex toys—can I claim that as marital waste?
Yes—if the toys were purchased secretly or extravagantly using shared funds (especially if done near the time of separation or during the divorce), you may argue marital waste. For example, if your spouse spent thousands of dollars on sex toys or adult subscriptions without your knowledge, that could factor into property division.
21. Can I request that sex toys be included in our property division?
Technically, yes. Georgia is an equitable division state, and if a sex toy has significant value (e.g., luxury devices, high-end BDSM equipment), it can be considered marital property. However, many people choose not to dispute such items due to embarrassment or minimal resale value.
22. Can a spouse’s use of sex toys be considered “evidence of unfitness” in a custody dispute?
Not by itself. Georgia courts focus on the child’s best interests, not a parent’s private sexual behavior. But if the toys were used:
- Around children, or
- Left in plain sight in shared spaces,
it could reflect poorly on the parent’s judgment. This would be especially concerning if a child had access to the items or saw sexually explicit materials.
23. What happens if my spouse uses sex toys with someone else during the marriage? Is that adultery?
Yes, potentially. Under Georgia law, adultery is defined as sexual intercourse with someone other than your spouse, and that definition traditionally refers to penetrative vaginal sex. However, if sex toys were involved in intimate acts with a third party—even without intercourse—it could still be argued as evidence of infidelity and used to influence alimony or moral fault arguments.
24. Can my spouse’s sex toy collection be used to embarrass me or gain leverage in negotiations?
In contentious divorces, a spouse might threaten to reveal personal or intimate details (including sex toy use) to gain leverage. This behavior borders on coercion or harassment, and your attorney can:
- File a protective order,
- Request sanctions from the court, or
- Demand confidentiality during discovery.
You have the right to privacy and dignity, even in a heated divorce.
25. Can photos or videos involving sex toys affect my case?
Possibly. If your spouse possesses or distributes explicit media involving you and sex toys, that could:
- Violate your privacy,
- Rise to the level of revenge porn, or
- Trigger criminal or civil actions in Georgia.
Always alert your attorney if you suspect your spouse is misusing explicit material. We can move quickly to protect you with temporary restraining orders or other court filings.
Understanding the Intimate Side of Divorce in Georgia
Divorce is never easy—and when sex toys, intimate preferences, or sexual behavior become part of the conversation, emotions and legal stakes can rise quickly. While Georgia courts don’t typically dwell on private matters unless they directly impact children, finances, or safety, it's crucial to understand how personal items like sex toys may be perceived in a legal context.
Whether you're concerned about how intimate purchases might affect your case, worried about a spouse’s behavior, or simply want to protect your privacy, the key is to work with an experienced and understanding divorce attorney. At The Sherman Law Group, our divorce lawyers know that every marriage has a private side—and we treat your story with the discretion, sensitivity, and legal skill it deserves.
If you're facing divorce and unsure how private matters might affect the outcome, we’re here to help. Let us protect your rights—and your dignity—through every step of the process.