Managing the complexities of divorce is never easy. One of the main issues that frequently comes up is alimony, also called spousal support. Understanding the state’s alimony laws is crucial if you are going through a divorce in Georgia. Here are four essential facts you need to know.
1. Alimony is not a sure thing
In Georgia, alimony is not an automatic right. Judges can deny alimony requests, unlike in some states, where they are granted. The divorcing parties can agree to alimony payments, but a judge will not award them automatically. If the judge finds that the spouse requesting alimony caused the marital breakdown, they may deny the request.
2. Types of alimony
Georgia law provides for both temporary and permanent alimony. The judge grants temporary alimony during the divorce process. This support helps the lower-income spouse with money until the divorce is final. Judges usually award permanent alimony in long-term marriages. This is the case when one spouse has poor employment prospects. Permanent alimony ends if the recipient remarries or becomes financially secure.
3. Determining factors
Several factors influence the court’s decision to award alimony. The judge will consider the paying spouse’s ability to pay and the receiving spouse’s need for support. Other factors include:
- Length of the marriage
- The standard of living during the marriage
- The financial resources of each party after the property division
The judge also considers child support payments and the time a spouse needs to get education or job training.
4. Fault matters
Unlike other states, Georgia allows judges to consider fault when deciding on alimony. If there is enough evidence that the requesting spouse caused the marriage to end due to adultery or desertion, the judge may deny alimony.
Yet, if one spouse abandons the other, the judge might grant permanent alimony. These payments stop if the recipient spouse remarries. Cohabitation with a new partner can also end the payments.
Understanding Georgia’s alimony laws can make the divorce process more manageable. It can also be helpful to consult with an experienced attorney. Laws can change. Staying informed is crucial for making the best decisions during this challenging time.