What is Alimony?
Alimony (sometimes referred to as spousal “maintenance” or “support”) is a payment from one spouse to the other following separation or divorce.
Is Alimony a right in Georgia?
Either spouse can request alimony in any Georgia divorce, but no spouse is guaranteed to receive alimony.
The laws in Georgia do not require an award of alimony or even suggest an amount. The issue of alimony is for the judge or jury to decide in each case.
When is Alimony Ordered during a case?
Alimony can be ordered on a temporary basis during the spouse’s divorce case or on a permanent basis after the divorce is final.
How is Alimony to be paid?
Alimony can be awarded as a lump sum distribution or as a regular payment.
What determines whether I must pay or may receive alimony?
There are several factors in an alimony case, including:
· The needs of the spouse seeking alimony;
· The ability of the other spouse to pay alimony;
· The length of the marriage; and
· Any misconduct of the spouse seeking alimony.
Generally, the longer spouses have been married and the larger the difference in their earning capacity, the more alimony can be awarded. However, even when one spouse earns substantially more than the other, alimony may not be appropriate if the need for and ability to pay alimony are not established.
How Is Alimony Determined?
If Alimony is awarded, the Judge or Jury have discretion to determine the amount and duration of Alimony. Your attorney plays a critical role in this determination. For any potential clients seeking advice on alimony litigation, we are here to advise and represent you.
Alimony is a complex determination in Georgia. Contact J. Matthew Sanders today to ensure your rights in alimony are protected.
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