Alimony In Ga: What You Need To Know

By Author: George Krishton
Total Articles: 66
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Few know this, but Georgia allows 13 grounds for divorce, one of which is “irretrievably broken,” which is also referred to as a “no fault” ground, while the rest are all considered as “fault” grounds. If you have filed or been served divorce papers in Georgia, chances are you are contemplating the alimony payments which will be included in your divorce negotiations.

Whether or not alimony is a friend or foe in a divorce will depend on where you stand. But, no matter where that may be, the most important thing of all is for both parties to know exactly what’s in store for them while they make their way through the divorce process.

Overview of Alimony in Georgia

Alimony is the financial support which is paid by one spouse to the other. Generally, when alimony is ordered or agreed upon, the higher earning spouse makes periodic (usually monthly) payments to the lower earning spouse. The payments from the “monied” spouse to the “non-monied spouse” can occur both during and after the divorce.

In order to obtain an award of alimony, a recipient spouse must generally prove that they ...
... truly need the financial support from their partner and show that their spouse can pay a specific amount as alimony. When determining the appropriate amount of spousal support, the court will take other factors into consideration too, such as:
•The standard of living
•The length of marriage
•The financial resources and earning capacity of each spouse
•The age and physical wellness of each spouse
•How long it will take the supported spouse to get back on their feet if they are currently unemployed
•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
•The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties
•Such other relevant factors as the court deems equitable and proper

See O.C.G.A. 19-6-5 for the specific alimony Georgia Statute on point.

Kinds of Alimony Available

In Georgia, temporary alimony may be awarded by a judge while the proceedings of the divorce are underway. This type of alimony is called “Pendente Lite” alimony, which basically means pending. After the divorce is final, the judge in Georgia can order what is commonly known as permanent alimony (but that does not necessarily mean it lasts forever). While this usually means that the judge will order a spouse to pay a specific amount in a monthly or bi-weekly basis, occasionally the court could order a spouse to make the payment in a lump sum. Contrary to popular belief, there are many types of alimony, which include:

Temporary Alimony

Temporary alimony usually involves getting financial support for a specific period of time—as mentioned earlier, it is usually while a divorce is pending. It is important to note that being awarded a temporary alimony doesn’t necessarily mean you will be awarded with permanent alimony.

https://nsfamilylawfirm.com/alimony-in-ga/