Georgia Alimony Payment Law
Experienced Georgia Divorce & Alimony Payment Attorneys — Offices in Atlanta, Alpharetta & Athens GA
The purpose behind alimony payments in Georgia is to provide income to one spouse who has become economically dependent on the other spouse during the course of their marriage. In recent times, with so many marriages having dual incomes or the strong possibility that a dependent spouse can obtain income on their own, GA alimony payments are proving to be awarded far less frequent than they were in the past. Without doubt, however, alimony is still frequently awarded, and is still one of the most highly contested issues in many GA divorces. With offices in Atlanta, Alpharetta and Athens, our alimony attorneys have the experience and professionalism to make sure your interests are well-represented.
Alimony in Georgia is generally awarded according to the needs of a spouse and their ability to earn income on their own. GA alimony payments may be temporary or permanent. Temporary alimony may be awarded to preserve the status quo during the pendency of the divorce. Permanent alimony may be awarded as part of the final divorce decree. Importantly, Georgia law states that either spouse may be obligated to make alimony payments to the other spouse regardless of gender.
If the parties to a divorce can agree on their own as to the terms of their alimony payments, a court will usually incorporate that agreement into the final divorce decree. If the parties do not agree, however, GA family law courts have broad discretion in determining whether or not to award alimony.
If a Georgia court determines that an award of alimony is appropriate, it must then determine the amount of alimony and how it will be paid. Family law courts have broad discretion here as well. Our lawyers have advocated for periodic or lump-sum payments, or a combination of both. Additionally, a spouse may also be obligated to pay indirect alimony, which includes paying for services and goods for the benefit of the recipient spouse, including items such as medical insurance, life insurance, and mortgage payments.
Factors Determining GA Alimony Payments
Our Atlanta alimony attorneys explain that when determining the amount of alimony to be awarded in a Georgia divorce, a judge or jury will evaluate several factors including but not limited to: (1) the standard of living each spouse enjoyed during their marriage, (2) the duration of the marriage, (3) the age, physical condition, and emotional condition of the parties, (4) the financial resources of each party, (5) the time necessary to obtain gainful employment, (6) each party’s contribution to the marriage, (7) the financial condition of the parties and (8) any other relevant factor. An award of alimony in Georgia will generally cease upon the death or remarriage of the recipient.
Tax Implications of GA Alimony Payments
Alimony payments do have tax implications. Generally, the spouse who is obligated to make alimony payments can deduct the payments from his or her taxable gross income, and the payee may add payments as part of his or her gross income. For rules and requirements of the Internal Revenue Service regarding the tax implications of alimony payments, it is advisable to consult with a tax professional or speak with one of our Alimony lawyers directly.
Getting Started With An Alimony Attorney Consultation
If you are dealing with a divorce or alimony situation in Georgia, we advise you to speak with one of our Atlanta divorce and alimony lawyers sooner rather than later. The process can be intense and sometimes intimidating, and the help of an experienced divorce attorney will be invaluable in helping you protect your interests. For a contested divorce, our law firm retainer begins at $5,000.00. To talk with one of our experienced family law attorneys with offices in Atlanta, GA, Athens, GA or Alpharetta, GA about representing you, either fill out the brief form to your left or give us a call. Thank you and we look forward to working with you.