Understanding alimony calculations and awards in Georgia.
In the aftermath of a divorce, achieving financial stability can be a significant concern for many individuals. This is where alimony, also known as spousal support, comes into play. Under Georgia law, alimony is designed to provide financial support to a spouse who may be economically disadvantaged as a result of a divorce, particularly where that spouse was financially reliant on the other spouse throughout the marriage or has little opportunity for post-divorce income.
In this post, we'll delve into the nuances of alimony in Georgia, including when it's awarded, how it's calculated, and what factors can influence its duration and amount.
What is Alimony?
Alimony refers to payments made by one spouse to the other during or after a divorce to provide financial support. It's important to note that alimony in Georgia is not automatic; it's granted by the court based on several factors. Generally speaking, to determine whether to award alimony, the Court must consider (1) whether the party seeking alimony has a need for it; and (2) whether the other party has the ability to pay it. Beyond that consideration, the Court must take into consideration a series of factors in making an alimony determination and award. See O.C.G.A. § 19-6-5.
Factors Considered for Alimony
In determining whether to award alimony, Georgia courts consider a wide range of factors, including but not limited to:
Each spouse's earning capacity, financial resources, and financial needs
The duration of the marriage
The age and physical and emotional condition of both parties
The standard of living established during the marriage
The contributions of each party to the marriage, including homemaking, child care, education, and career-building of the other party
The time necessary for either party to acquire sufficient education or training to enable them to find appropriate employment
It's crucial to note that marital misconduct, such as adultery or desertion, can also impact the award of alimony in Georgia. In most cases, a spouse who has committed adultery or deserted the other spouse is barred from receiving alimony, unless that conduct was forgiven by the other spouse after the adultery occurred.
How is Alimony Calculated?
Unlike child support, there isn't a specific calculation or formula for determining the amount of alimony in Georgia. It's usually a matter of negotiation between the parties or a decision made by the judge after considering the above factors. Because there is no specific calculation, alimony awards are highly subjective and largely within the discretion of the parties in negotiations or the judge or jury.
Types of Alimony
In Georgia, there are two primary types of alimony: temporary and permanent. Temporary alimony, also known as "pendente lite," may be granted while the divorce is pending to maintain the financial status quo during the divorce proceedings. It ends at the conclusion of the divorce.
Permanent alimony may be awarded after the final divorce decree. However, it's important to note that "permanent" doesn't necessarily mean "forever." Permanent alimony can include lump sum alimony (usually paid as a single (or a few) larger payments)or periodic alimony (payments made on a regular, periodic basis, usually for a specific period of time). In a vast majority of cases, alimony is not “permanent” in the sense that it lasts forever. And even in the rare cases where there is no specified end date, alimony generally terminates upon the recipient spouse’s remarriage, the death of either party, or according to other conditions or terms stipulated in the divorce decree.
Can Alimony Be Modified?
Yes, alimony in Georgia can typically be modified or even terminated in certain situations, such as if the recipient spouse remarries or either spouse experiences significant financial changes. However, if your divorce decree specifically states that alimony is non-modifiable, the court cannot modify the award. Modifiability of alimony can be a very important issue and negotiating an alimony award.
Wrapping Up
Navigating the complexities of alimony in Georgia requires a deep understanding of the law and careful consideration of your financial circumstances. As each case is unique, it's advisable to consult with a knowledgeable attorney to understand your rights and potential obligations. At Resurgens Legal Counsel, we have assisted many clients in negotiating favorable alimony outcomes. If you have questions about alimony in your divorce case, schedule a consultation with us today by calling (770) 765-7550 or through our Contact page.
The content of this blog post is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you need legal advice, please consult an attorney directly.