Whether you have filed or received divorce papers in Georgia, you are likely contemplating the alimony payments that will be included in your divorce.
What is Alimony?
Alimony is financial support paid by one spouse to another, and exists to support the economic well-being of spouses who do not have the means to make ends meet during and after divorce. Alimony is authorized but not required to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
When alimony is ordered or agreed upon, the higher-earning spouse typically makes monthly payments to the lower-earning spouse. To be awarded alimony, a spouse must prove that they truly need financial support from their partner and illustrate that their spouse can pay a specific amount. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
Here are some factors for the amount of alimony granted in the state of Georgia:
- Standard of living established during the marriage
- Duration of the marriage
- Financial resources and earning capacity of each spouse
- Age and physical wellness of each spouse
- The condition of the parties, which includes a separate estate, earning capacity, and fixed liabilities of the parties
- When applicable, the time needed for either party to acquire sufficient education or training to find appropriate employment
Different Types of Alimony in Georgia
In Georgia, temporary alimony may be awarded by a judge while divorce proceedings are underway. This means the alimony is pending.
After the divorce is final, the judge will either order permanent or temporary alimony. This typically means one spouse will be ordered to pay a specific amount on a monthly or bi-weekly basis. However, alimony can also be awarded in a lump sum.
Do You Have Questions About Alimony in a Georgia Divorce?
If you are facing a divorce in Georgia, you should contact an experienced family law attorney. Whether you will be at the receiving end, or the one who has to make the alimony payments, you will need the right information in order to negotiate more effectively.
At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Family law attorney Trinity Hundredmark has over a decade of experience representing clients divorcing in Georgia.
For more information, contact our law office at 1-770-822-0900