Alimony in Georgia
Augusta GA Alimony Lawyer
Alimony is the right to spousal support during
the pendency of a divorce or as part of the terms of a divorce decree.
Either spouse (male or female) can be ordered to pay alimony to the
other. The court may grant alimony to one spouse from either the income
or the estate of the other spouse. Alimony can be awarded in the form
of periodic payments or a lump sum. If periodic payments are awarded,
the payments are usually terminated upon the death of the payer spouse
or the remarriage of the payee spouse, or upon some other condition
specified in the award judgment. A lump sum award is not modifiable.
The lump sum award is final and survives the death of either of the
parties.
The purpose of alimony is to provide an adequate income stream for
the spouse who had become economically dependent on the other spouse.
The modern trend is for courts to award less alimony then they
did in the past because today women are more likely to work outside
the home and therefore tend to be less economically dependent on
their spouse.
The court has considerable discretion in determining whether to award
alimony. If alimony is awarded, the court has considerable discretion
in determining the amount of alimony. The court will consider many
factors in determining the amount of alimony, including:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) 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 him 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.
See O.C.G.A. § 19-6-5.
Marital fault is generally not a factor in deciding whether alimony
should be awarded. The reason the courts do not generally consider
marital fault in determining alimony is because the purpose of
alimony is not to punish or reward the spouse requesting alimony.
However, in Georgia, if the spouse requesting alimony committed
adultery or deserted the other spouse and the adultery or desertion
was the cause of the divorce, then their claim for alimony is defeated.
Mitigating factors such as ability to earn, high marital debts
to be paid, etc., may serve to make alimony unrealistic.
In Georgia, either party may choose to have a jury trial to determine
the issue of whether and how much alimony should be awarded. An
alimony award can be modified at a later date if the facts warrant
it or if the parties agree to a modification.
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