Assisting Clients With Alimony Matters In Georgia
When couples get a divorce, the issue of alimony will usually arise. Will you have to pay alimony, or will you receive alimony after your divorce? Alimony refers to the payment made from one party to the other party after their divorce. Alimony can be awarded by a court order or by a mutual agreement.
Under Georgia law, a husband and wife have a mutual duty to support one another, meaning the husband has a responsibility to care for his wife and the wife has a duty to care for her husband. Alimony can be of a short duration or for a long period of time. In most cases, alimony is awarded after a long-term marriage ends.
Alimony is not automatically awarded in a divorce; the other party must be able to afford to pay alimony before it can be awarded. A Gwinnett County alimony lawyer will be able to fully explain how this might affect you and your own divorce.
Reasons For Awarding Alimony
Rehabilitative alimony is designed with the intention of helping a dependent spouse get back on their own feet. Rehabilitative alimony is typically awarded to a spouse while they go back to school so they can acquire the job skills needed for a competitive job market. Oftentimes rehabilitative alimony is awarded to the homemaker who cared for the household and the couple’s children. It is not uncommon that after a number of years out of the workforce, it’s difficult for the homemaker to obtain gainful employment after a divorce; therefore, rehabilitative alimony becomes necessary. Permanent alimony typically lasts for a long time, usually until the death or remarriage of the person receiving the alimony.
When the courts determine whether or not to award alimony they will consider a variety of factors, including but not limited to:
- 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
- The time necessary for the receiving spouse to obtain the skills necessary to find appropriate employment
- Each party’s separate earning capacity
Frequently Asked Questions About Alimony In Georgia
Alimony is one of the most common concerns in a Georgia divorce, particularly when one spouse has been financially dependent during the marriage or there is a significant difference in income. Below are answers to common questions clients in Lawrenceville and throughout Gwinnett County often ask.
How long does marriage have to last in order to be eligible for alimony?
Georgia law does not require a marriage to last a specific number of years before alimony may be awarded. Instead, the court looks at the facts of the marriage as a whole, including its duration, the financial circumstances of each spouse and whether one spouse needs support while the other has the ability to pay. While longer marriages are more likely to result in substantial or longer-term alimony, shorter marriages may still qualify depending on the circumstances.
What are the different types of alimony?
Georgia courts may award different forms of alimony depending on the needs of the parties. Temporary alimony may be ordered while the divorce is pending to help one spouse cover living expenses. After divorce, the court may award rehabilitative alimony to allow a spouse time to obtain education or employment skills, or longer-term alimony in marriages involving extended financial dependence.
How is alimony calculated in Georgia?
There is no fixed formula for calculating alimony in Georgia. Unlike child support, the court considers several factors, including the standard of living during the marriage, the duration of the marriage, each spouse’s income, age, health, financial resources and earning capacity. The court also considers how long it may take the receiving spouse to become financially independent.
Because the court has broad discretion, the way financial facts are presented can significantly affect the outcome.
Can alimony be changed later?
Yes. Alimony may often be modified if there has been a substantial change in circumstances after the divorce. Examples include job loss, retirement, a major increase or decrease in income or serious medical issues. A formal request must usually be filed with the court to seek a modification.
Does cheating impact alimony?
In Georgia, adultery can directly affect alimony. If a spouse’s infidelity caused the separation, that spouse may be barred from receiving alimony. This issue can be highly fact-specific and may require evidence beyond mere suspicion.
Reviewing your financial circumstances with an experienced attorney can help you better understand what a Georgia court may consider in your case.
Contact An Alimony Attorney In Gwinnett County Today
The lawyer at Fox Firm, P.C., is proud to represent clients in Lawrenceville and all throughout Gwinnett County. Attorney Doug Fox is a native of Atlanta and graduated from the University Of Georgia School of Law in 1995 after earning his undergraduate degree from Vanderbilt University. He has been practicing law for a quarter of a century and has successfully helped numerous clients with their family law needs.
If you are considering divorce or if your spouse has already served you papers, Mr. Fox is fully prepared to answer any questions that you may have about alimony. He can clearly explain your rights so that you know what to expect in the divorce process. To learn more about alimony and divorce in Georgia and schedule an initial consultation, contact the firm online or call 770-341-4882 today.