Crystal Wright | November 8, 2024 | Family Law
Alimony is payment from one spouse to another and can be temporary or permanent. Alimony is not required to be paid in all Georgia divorces. One spouse must request it and show they need this financial support, and the other party must be able to provide it. Courts consider evidence of each party’s conduct toward the other when making alimony determinations. Alimony is not awarded to the offending spouse who has committed adultery or abandoned the other spouse.
If the court determines alimony is appropriate in the given case, it determines an appropriate amount of support to award and how long these payments shall continue. There is no formula for determining spousal support. The courts consider various factors, including:
The Duration of the Marriage
How long the marriage lasted before separation or divorce can significantly impact the award, amount, and length of alimony payments. However, unlike some states, Georgia does not require that the couple be married for a certain amount of time to award specific types of alimony. Nonetheless, a marriage that lasted for more years is more likely to result in an award and more financial support than a brief marriage.
The Standard of Living During the Marriage
The court will consider the standard of living the spouses established during the marriage and try to maintain this lifestyle even as the couple is separate. For example, the court can consider the couple’s social standing and the luxuries they enjoyed during the marriage.
The Age and Health of the Spouses
The court considers the spouses’ respective ages, physical health, and emotional condition. For example, if one spouse is elderly or disabled, the court may be more likely to award alimony to that spouse. However, if the elderly or disabled spouse was the one being asked to pay alimony, the court may not award it or may limit the amount paid to account for these challenges.
Each Spouse’s Financial Resources
The court can consider each spouse’s financial resources to determine a fair amount of spousal support. For example, they may consider the incomes of both parties, as well as their separate property and retirement benefits. A spouse requesting spousal support with significant resources on their own may be less likely to receive a higher alimony award.
Each Spouse’s Financial Situation
Courts also consider each spouse’s financial condition, including their separate estate, earning capacity, and fixed liabilities. This factor considers each spouse’s financial position after the divorce, giving the court a more realistic picture of each individual’s unique situation. Spouses with larger separate estates may be expected to pay more in alimony than those with more humble estates. Courts can consider liquid assets as well as a spouse’s future ability to increase their income.
Each Spouse’s Contributions to the Marriage
Each spouse’s respective contributions to the marriage are also considered. This factor does not only consider which spouse earned the money. It also considers other non-economic contributions a spouse made to the marriage, such as child care, homemaking, or building the education or career of the other spouse.
The Time Necessary to Become Self-Sufficient
In some situations, a spouse may just need to finish a degree or complete job training to become financially self-sufficient. For example, one parent may have been a stay-at-home parent and may need to refresh their job skills. In these situations, the court may order spousal support until the spouse is able to complete this education or training.
Other Relevant Factors
The court can consider any other factors it deems equitable and proper. By allowing courts to consider any additional factors that are “equitable and proper,” Georgia’s alimony laws provide flexibility to address the diverse situations that may arise in divorce cases. This approach aims to ensure that the financial arrangements are just and reflect each party’s individual circumstances and contributions throughout the marriage.
Contact an Experienced Spousal Support Lawyer for Assistance with Your Alimony Case
If you need assistance in requesting, defending against, or seeking a modification of a spousal support order, an experienced spousal support lawyer from Crystal Wright Law, LLC can help.
Contact us for a confidential consultation to discuss your particular circumstances.
Contact an Experienced Georgia Family Law Attorney To Discuss Your Case
The duration of a family law matter in Georgia depends on various factors, including the type of case, the level of agreement between the parties, and court schedules. While some cases may resolve in a matter of weeks, others can take many months or even longer.
An experienced family lawyer can provide you with a more accurate timeline based on your specific situation.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at
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Lawrenceville, GA 30046
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