In Georgia, as in other states, alimony is a kind of allowance that the court orders one spouse to pay to the other when they live apart after a divorce or legal separation. It is also called “spousal support” or “maintenance.”
Georgia alimony laws allow a family court in Georgia to order two types of alimony, temporary and permanent alimony. A spouse who needs financial support during the divorce process may get an award of temporary alimony. A divorce can take as long as a year to complete in Georgia and possibly longer if the case is complex.
A spouse who has been financially dependent during the marriage probably needs the support of temporary alimony while the divorce is in process. Then, when the divorce is finalized, a spouse who was legally dependent during the marriage or otherwise qualified may be awarded permanent alimony.
How Much Alimony Can You Receive in Georgia?
The alimony laws of Georgia allow alimony only in certain limited situations. Generally, a court awards alimony if it determines that one spouse is financially dependent on the other. In addition, there is no predetermined average amount of alimony that judges award in cases in which alimony should be awarded.
A court considers various factors in calculating the amount of alimony calculation. For one thing, the court must determine what amount of alimony the paying spouse has the ability to pay.
There is no Georgia alimony calculator. Many states have charts and formulas for determining the amount of alimony. Alimony does not work like this in Georgia. The average amount of alimony in Georgia is not predetermined or calculated with the use of a formula.
Generally speaking, the amount of alimony depends on the need of the spouse who receives it and the financial ability of the spouse who makes the payments. A court considers a number of factors in determining the amount as follows:
- The standard of living that the couple had before the divorce or separation;
- How long the marriage lasted;
- The age of the spouses;
- The physical and mental health of each spouse;
- The financial resources that each spouse has;
- The earning capacity of each of the spouses;
- The amount of time it would take the spouse needing alimony to get the education or training they would need to obtain suitable employment;
- The contribution of each spouse to the other’s education and career;
- Whether the education or skills of the spouse seeking alimony became outdated while they devoted themselves primarily to homemaking responsibilities, including child rearing;
- Whether one or both of the spouses have separate assets or debts;
- Any other factor the court considers relevant to the respective financial situations of the spouses.
In addition to the listed factors, a court also considers the reason for the divorce. Courts in Georgia are especially interested in the issue of whether the petition was sought on the basis of fault. It is possible in Georgia for a court to order a party who is at fault in a divorce to pay “punitive” alimony. The grounds for a finding of fault are adultery, desertion, habitual intoxication, or domestic violence. If the spouse from whom alimony is sought has given the other spouse grounds for a fault divorce, a court may order “punitive” alimony.
Alimony matters can also be resolved through negotiation between the spouses. Spouses may negotiate between themselves and find a mutually agreeable resolution to the issue of alimony without depending on a judge to decide it. Such an agreement can then be included in the final divorce order, which can be enforced by a court just like a judge’s decision.
How Long Does Alimony Last in Georgia?
Consider that the financial resources, e.g., income, possessions, and/or potential earnings, of one spouse are far more limited than those of the other spouse, to the extent that it limits the ability of the spouse to maintain the standard of living they enjoyed during their marriage. In that case, the spouse may qualify for an award of permanent alimony.
Say the spouse who wins alimony should remarry, acquire additional resources of their own or become dependent on another person so that their standard of living can be maintained without spousal support. Then the paying spouse may be able to go to court and have the amount of alimony reduced or the obligation terminated. Of course, the death of either spouse would end the payment of alimony.
How Do You Petition for Alimony?
A person petitions for alimony when they file a petition for divorce with the clerk of the court for the county in which the person or their spouse has lived for 6 months before they file for divorce. The petition should state the legal grounds for the divorce as well as the issues the person wants the court to address, including alimony.
Divorces can either be contested or uncontested. In uncontested divorces, both spouses agree to the terms of the divorce, such as child custody, the division of assets, or alimony. In contested divorces, the parties do not agree and must resolve these issues in court.
Georgia does not recognize legal separation, but it does give married couples an alternative to divorce. Georgia law allows a status known as “separate maintenance.” It is much like legal separation in that it allows a couple to live separately without legally ending their marriage in a divorce.
In an action for separate maintenance, the spouses resolve all of the same issues as in a divorce, such as child custody, child support, and alimony. A spouse can request an award of alimony on the same terms as in a divorce. But the spouses cannot divide the marital property or award possession of property to one spouse who seeks alimony.
At the end of a separate maintenance action, the spouses live separately but are still legally married until one of them requests a divorce. Again, if a spouse wants to divide marital assets, they must seek a divorce. However one spouse can seek an award of alimony from the other.
A spouse who seeks separate maintenance must show the following facts:
- The spouses are legally married;
- The spouses live separately and without any cohabitation;
- Neither spouse has filed for divorce.
How to Avoid Paying Alimony in Georgia?
The main way to avoid paying alimony in Georgia is to contest any request for alimony in a spouse’s petition for divorce or separate maintenance. If a person’s spouse has filed a petition for divorce seeking alimony, the person would probably do well to consult a George family law lawyer through LegalMatch.com.
The lawyer would be familiar with the facts that a court considers when it makes a decision about whether to award alimony and, if so, in what amount. The person’s lawyer would be able to address the factors that courts consider and ensure that the arguments against awarding alimony are made as forcefully as possible.
Of course, spouses can also resolve the issue of alimony through negotiations. A person may be better off working to agree with their spouse on the issue rather than risking a negative outcome in a courtroom. Such an agreement must be included in the final decree of divorce.
Do I Need the Help of a Lawyer With My Alimony Issue?
If you believe that you need temporary or permanent alimony or your former spouse seeks alimony from you, you must consult an experienced Georgia alimony lawyer.
Using LegalMatch’s legal matching service, you can find a top-notch Georgia family lawyer. Your lawyer understands the factors that are critical in alimony cases and can make sure your case is presented as strongly as possible.
