Alimony is not a guaranteed outcome in Georgia divorces. Unlike some other states, Georgia law does not automatically grant spousal support. The court will only award alimony based on specific factors and circumstances.
Alimony and the divorce process
Alimony in Georgia is financial support given to the lower-income spouse after a divorce. It continues until the recipient remarries or becomes self-supporting. While the divorcing couple may agree on alimony, it is up to the judge to decide whether to grant it.
The court considers the ability of the paying spouse to provide support and the needs of the spouse requesting it. If the requesting spouse causes the marital breakdown, the judge may deny the request for alimony.
Types of alimony in Georgia
There are several types of alimony in Georgia, each serving different purposes.
- Temporary Alimony: The court awards this during the divorce process to help the lower-income spouse until the divorce ends. Sometimes, temporary support continues for a brief period after the divorce if the spouse needs further education or job training.
- Permanent Alimony: The court grants permanent alimony in long-term marriages where one spouse has limited financial prospects. It lasts until the recipient remarries or gains financial independence.
Georgia law does not recognize rehabilitative alimony, but a judge may order temporary alimony to help the recipient spouse become self-supporting over time. This type of support may decrease as the spouse gains financial independence.
Factors affecting alimony awards
Several factors influence whether the court will grant alimony. These include:
- The standard of living during the marriage
- The length of the marriage
- The health and age of both spouses
- The financial resources of each spouse after property division
- The ability of the requesting spouse to support themselves
Additionally, the judge will consider contributions made during the marriage, such as homemaking and childcare. The financial needs and earning capacity of each party also play a crucial role in the decision. If you are unsure how these factors apply to your case, it is a good idea to consult a lawyer for advice.
Negative factors impacting alimony
Georgia law allows a judge to deny alimony if the requesting spouse caused the breakdown of the marriage, such as through adultery or desertion. Domestic violence and abuse, while not explicitly mentioned in the law, can lead to a larger support award, especially if it affects children. Furthermore, alimony payments end if the recipient remarries or cohabitates with someone else.
While alimony is possible in Georgia, the court does not guarantee it. Judges consider many factors and award spousal support only when appropriate based on the circumstances of the divorce. Judges carefully evaluate these elements before awarding spousal support.