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Alimony in Georgia

Published by: Scott Spooner • On: 06-26-2014 • Under: Divorce, Family Law • Tagged: , , ,
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june-alimony-blogAlimony, or spousal support, was a concept originally implemented when employment options for women were more limited. After a divorce, men were responsible for their ex-wives support. Now, alimony in Georgia and other states is maintained to protect economic fairness in the event of divorce. Understanding how alimony in Georgia is awarded and what types are available is important when discussing divorce proceedings.

Types of Alimony in Georgia:
  1. Temporary alimony is the most common form of alimony in Georgia. It is generally awarded for a specific period of time or in a specific amount as a rehabilitative measure in order to allow the receiving spouse time to obtain an income of their own – either within a previous job field or through education and training to reenter the job market.
  2. Permanent alimony remains in effect until the death of either spouse, the recipient’s remarriage, or the recipient enters into a new live-in committed relationship. Permanent alimony is generally reserved for those of advanced years or those who are unable to enter the job market due to disability or inability to ever obtain meaningful employment.

 

Awarding Alimony

To be eligible for alimony in Georgia, the court must first find that one spouse is in need of financial support. There is no law outlining what calculations should be made to determine alimony payments, but the courts consider several factors including :

  • The length of the marriage.
  • The earning capacities of each spouse.
  • Separate financial resources and debts.
  • Contributions to the marriage (i.e. homemaking and childcare, education or career building).
  • The standard of living during the marriage.
  • The individual spouse’s ages.
  • Physical and emotional conditions of each spouse.
  • The amount of time needed to educate one or both spouses to increase job prospect and hireability.
Changes to Alimony in Georgia

Alimony can be modifiable or nonmodifiable.  If the spouses agree, the alimony can be non-modifiable which means it cannot be changed.  Otherwise, once alimony has been awarded, the court has the right to make adjustments or terminate alimony payments. To do so, there must be proof of a “significant change in circumstances”. In most cases, this means the person receiving alimony payments has become employed and their income increased to a point where the Court believes less or no alimony is warranted. If the alimony payer has been fired or laid off, this can also prompt adjustments to alimony in Georgia.

Understanding the rules governing alimony in Georgia can allow you to better decide if alimony is applicable in your situation, and if so, to discuss the appropriate amount with your attorney. Always consult a lawyer when moving forward with alimony proceedings as it’s important to have a professional on your side throughout the process.

Getting divorced in Georgia? The attorneys of Spooner & Associates, P.C. have years of experience dealing with family law issues, including alimony.   Contact us to set up an initial consultation and to learn how we can help negotiate your alimony situation.

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Scott Spooner Scott Spooner

Scott is an attorney and founder of Spooner & Associates, PC, a family law firm focused on efficiently solving clients’ legal problems. A graduate of Georgia State University College of Law, Scott has assisted clients in metro Atlanta and Northeast Georgia courts for over 15 years. He is also a registered mediator with the Georgia Office of Dispute Resolution in the areas of domestic relations mediation, general mediation, and arbitration. In addition to representing many of his clients at divorce mediations, Scott has also served as a mediator to help other divorcing couples reach an amicable resolution.


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The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed for general information only.  You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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