The Basics of Alimony in Georgia

What is alimony? Alimony, also known as spousal support, is the right of one spouse after the divorce to receive an award of money from the other spouse. Alimony can also be ordered by a court on a temporary basis during divorce proceedings.

What are the types of alimony? There are three types of alimony:

Permanent alimony – alimony is paid by the paying spouse permanently until death or until the spouse receiving payments remarries.
Periodic alimony – alimony payments are made over an interval of time so that the receiving spouse can stand alone once again.
Rehabilitative alimony – alimony is paid to help a spouse with lesser employability or earning capacity becomes adjusted to post-marital life. This type of alimony may be appropriate in some cases where a spouse has not worked outside of the home for many years.

An attorney can help you calculate the type and amount of alimony which is likely in your divorce.

Georgia-Alimony-Payments After a divorce, am I likely to receive/pay alimony to my former spouse? A court’s decision to award alimony is based on the needs of the receiving spouse and the ability of the other spouse to pay. However, the court is not required to award alimony. In fact, many judges appear to be increasingly reluctant to award alimony. It is best to consult with an attorney who can prepare your case in the best possible light to get you alimony or to defend against a spouse’s plea to receive alimony.

What are the factors in determining the amount of permanent alimony, if any? The court will consider the following factors in determining the amount of alimony, if any, to be awarded:

The standard of living established during the marriage;
The duration of the marriage;
The age and the physical and emotional condition of both parties;
The financial resources of each party;
Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
Such other relevant factors as the court deems equitable and proper.

An evaluation by an attorney is often helpful to determine the likelihood alimony will be paid following a divorce. Alimony-GA

What if my spouse cheated? If a spouse’s adultery was the cause of theparties’ separation, the adulterousparty is barred from receiving alimony.

When does alimony end? Alimony ceases on the spouse’s remarriage. Moreover, if the receiving spouse voluntary cohabitates with a third party in a meretricious relationship, alimony may cease although the court is not required to terminate alimony. Further, even when alimony is awarded, there is some risk that the paying party may lose his or her ability to pay due to job loss or death, in which case alimony could cease or be modified by the court.

2973 Hardman Court, Atlanta, Georgia 30305 * 264 N Jackson Street, Athens, Georgia 30601
Divorce Attorney Atlanta | Family Law Georgia | Contact | Atlanta Divorce Attorneys | Prenuptials Georgia | Incorporate GA | NAPW
GA Child Custody | GA Child Support | GA Alimony | GA Uncontested Divorces | GA Domestic Partnerships | GA Prenups | GA Adoptions | Divorce Lawyer Atlanta | Cities
The information provided herein is general and for information purposes only. It does not constitute legal advice for any particular situation of facts and circumstances. If you have a need for legal advice, please consult with an attorney with your specific questions. Please see our Legal Disclaimer for additional information. © Gadivorcelitigators, LLC 2009. All Rights Reserved.