If you are thinking about getting a divorce in Georgia, the financial aspect of it may weigh heavily on your mind. No matter your income level, your financial situation can take a hit when you divorce. Spouses who did not work or who worked fewer hours during the marriage may face greater financial adjustment after divorce because they relied more on the other spouse's income. At the same time, the spouse who worked and earned the majority of the income may want to retain a larger share of the assets, given their role in generating the household's financial resources during the marriage. Rather than allow the lesser earning spouse to succumb to a deficient standard of living or become a public charge, spousal support might be established by the Court.
It is an important component of any divorce where the financial disparity may requires alimony. If you have questions about spousal support, whether you are the one who wants alimony or the one who must provide it, contact Smith Legal Solutions at (404) 595-1998 to schedule a consultation. Our divorce lawyer will provide honest answers and advocate for your rights.
Understanding Alimony in Georgia
Spousal support, spousal maintenance, and alimony are all terms used to describe a situation where one spouse pays another spouse a court-ordered payment for a certain amount of time during or after a divorce.
Spouses can agree on Spousal Support, but the end result should be fair. If you fail to agree, the spouse seeking support's request will be determioned by the court.
Alimony can be temporary or permanent, the former of which is the norm. It can also be a lump-sum versus periodic monthly payments, the latter of which is the norm. Further, Spousal Support is not always in the form of money but can include a property transfer. It's important to note that both lump-sum payments and property transfers are non-modifiable once the order is issued. That means if circumstances change, the alimony will not change. However, when it is in the form of periodic payments, Spousal Support is modifiable.
Factors Determining the Amount of Spousal Support
The circumstances of the spouses going through a divorce will determine both the amount and the duration of alimony payments. Some of the most important factors that might influence alimony include but are not limited to:
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The length of the marriage
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Age of the spouses
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Mental or physical condition of each spouse
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The income disparity between the spouses
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The likelihood that the financially-dependent spouse can secure a well-paying job
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Professional skills or educational accomplishments of the dependent spouse
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The couple's standard of living during the marriage
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Individual assets of each spouse
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How long it would take for the dependent spouse to become self-sufficient
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Any children and if child support will be needed
As mentioned above, you and your spouse can determine the amount by an agreement without interference of the court.
Termination of Spousal Support in Georgia
An end date can also be determined by agreement between the spouses, but if not, the court will determine it. Other times or in lieu of an end date, spousal support may terminate if one of the following occurs:
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The supported spouse remarries or cohabitates; or
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Either spouse dies.
A significant event may occur, too, which prompts an end to Spousal Support. In that case, it's determined on a case-by-case basis. Regardless of the reason to terminate Spousal Support, evidence may need to be provided to support the reason for termination.
Defenses to Challenge Spousal Support
Alimony can be a highly contested aspect of any divorce. The spouse who may be ordered to pay alimony may want to challenge it. Reasons to deny a spousal support claim can include but are not limited to:
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Marital misconduct
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Adultery
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Bigamy
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Cruelty, including domestic violence
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Abandonment
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Felony conviction
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Humiliation that makes marriage intolerable
In the end, if Spousal Support is contested, the final say on the matter will be the judge. It's important to try at all costs to come to an agreement because the expense of hearings or a trial can take its toll on a divorcing couple.
Contact a Spousal Support Lawyer Today
If you are seeking a divorce, you should always get the advice and guidance of a divorce lawyer. At Smith Legal Solutions, our family law lawyer will provide the support and representation you need, including your efforts to obtain, argue against, or modify alimony. Contact us online or directly at (404) 595-1998 to schedule a consultation.
