DIVORCE ATTORNEYS ATLANTA GA
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How Kitchens, New & Cleghorn Views Our Clients

5-Star-Attorney-Reviews
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Thank you Jon and all of KNC for standing by me during these unpleasant times. Your knowledge, experience and advice was exactly what I needed. I will not hesitate to call on you again. Sincerely, Randy

Thank you all. It has been a pleasure working with you during what has been an otherwise unpleasurable situation. Transferring my case to your firm was without a doubt a good decision. Regards, Brian

Wanda, You and Jeff were the voices of calm and peace for such a crazy time in my life and I'll always appreciate that. I received amazing service, and best of all I have no regrets that so many people feel after the emotions have died down. You have an amazing team there and I've already recommended the firm to others. Maria.

Thank you, Kitchens New Cleghorn for helping me to gain custody of my two boys from my ex Wife. You helped me give my kids a fair shot at a normal childhood.” Robert H.

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

Georgia-Alimony-PaymentsAfter 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?  Georgia alimony attorneys explain that 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.

Contact Our GA Alimony Payment Attorneys

If you are dealing with a GA divorce involving alimony payments, we advise you to speak with one of our alimony lawyers sooner rather than later. The process can be intense and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests. For a typical contested divorce or contested alimony payment issue, our law firm retainer begins at $5,000.00. To talk with one of our attorneys about representing you, either fill out the brief form to your left or give us a call. For additional contact information and driving directions to our offices in Atlanta, Athens or Alpharetta, please visit our Contact Page. Thank you and we look forward to working with you.