Atlanta-Marietta Family Law Attorney

Alimony

In Georgia, the court may award temporary alimony, rehabilitative alimony, and permanent alimony.

The key determination is the amount and duration of spousal support. Below are examples of types of alimony which the court may consider:

• Temporary Alimony: This is awarded to a spouse during the duration of the divorce. The court awards temporary alimony to maintain the current standard of living and to provide the less financially capable spouse the ability to litigate the case on a level playing field. An award of temporary alimony is not a ruling on the merits of the divorce.
• Rehabilitative Alimony: The court awards this type of alimony to a spouse who might be in need of education or has been out of the workforce. Its purpose is to provide a source of income until a spouse can become self-sufficient.
• Permanent Alimony: This is an increasingly rare form of alimony. It is usually available after long-term marriages, when the spouse is unable to enter the workforce because of education, age, and health. Permanent alimony may be granted in cases of divorce, voluntary separation, or when one party, against the will of the other, is abandoned or driven off by the other spouse.

Factors a Court must consider in determining whether to award alimony:

1. the standard of living established during the marriage;
2. the duration of the marriage;
3. the age and physical and emotional conditions of both parties;
4. the financial resources of each party;
5. the time necessary for either party to acquire sufficient education or training to enable him (or her) to find appropriate employment;
6. the contributions 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 factors that the court deem just and reasonable.

Termination of Alimony:

As a general rule, the following conditions will terminate alimony unless the divorce decree provides otherwise:

1. Remarriage of former spouse
2. Voluntary cohabitation of such former spouse with a third party in a meretricious relationship ( persons which live together continuously and openly in a relationship similar to that of marriage; including either sex or sharing of living expenses.
3. Death of either spouse may terminate periodic alimony

Contact Stacy Garguilo for a free phone consultation or contact us to discuss how we can assist you with your alimony issues.

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The information provided at this web site is for general information purposes only. The material on this site does not constitute legal advice. You should consult an attorney for advice regarding your individual situation.
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