Atlanta Alimony Attorney
Is Alimony an issue for you? We can help
Let’s talk about alimony. Do you need to be financially supported by your spouse after the marriage ends? In the alternative, are you trying to protect what you have earned during the marriage? Alimony is the payment from one spouse to another to support the recipient spouse. In some cases, alimony payments are awarded and in some cases they are not. There are many factors to consider in determining if alimony is appropriate in your case. There are also different types of alimony to consider, contact our Atlanta alimony attorneys for more information.
Alimony is a complicated issue
Alimony is not part of every divorce. One party has to specifically request it, and they have to prove the need to receive alimony and the other party’s ability to pay the alimony to be able to receive it. Georgia law gives the courts lots of discretion to decide whether to make an alimony award and, if so, how much and for how long.
According to Georgia law, “Alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent.” Even if the divorce is filed on no-fault grounds, which most divorces these days are, the judge may consider the reasons behind the demise of the marriage for the purpose of deciding on alimony. By law, a party is not entitled to alimony if the other party proves the separation was caused by the requesting spouse’s adultery or desertion.
Alimony can be granted permanently (until the party receiving alimony dies or remarries – but that is rare), but more often it is granted for a specified period. While receiving temporary alimony, the recipient is often expected to acquire the skills to support themselves, such as seeking education, job skills or work experience required to become self-supporting. If the recipient is unable to work or become self-supporting, then alimony for a longer period might be proper.
In deciding whether to grant alimony, the judge considers the needs of the recipient and the ability of the payor, as well as the conduct of each party toward the other during the marriage. When it comes to deciding on the amount of alimony to award, Georgia law requires the court to consider the following factors:
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- (4) The financial resources of each party;
- (5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable the party to find appropriate employment;
- (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career-building of the other party;
- (7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- (8) Such other relevant factors as the court deems equitable and proper.
Let Our Atlanta Family Law Attorneys Resolve the Issue of Alimony in Your Divorce
If you are seeking or opposing alimony in your Georgia divorce, call the Atlanta family law attorneys at Kaye, Lembeck, Hitt & French Family Law. Regardless of your circumstances, you will have better results if you work with someone from our solution-oriented team.