Coleman Legal Group, LLC
Phone: 770-609-1247
Alimony (also referred to as Spousal Support) can be awarded as part of a Georgia Divorce. Georgia law defines alimony as “an allowance out of one party’s estate made for the support of the other party when living separately”. See O.C.G.A. § 19-6-1(a).
Under Georgia law, the court can award Permanent Alimony, Temporary Alimony or Rehabilitative Alimony. The difference between temporary and permanent alimony depends on whether the divorce is final. Rehabilitative alimony can be awarded for any period of time that is not based on the life of the person receiving the alimony.
Permanent Alimony: This is alimony that is awarded for the life of either the wife or husband – or for an extended period of time. It terminates at the death of either spouse. Permanent alimony is only awarded in the case of long marriages. Remarriage or cohabitation of the spouse receiving the alimony can be grounds to terminate the alimony. It is important to note that permanent alimony does not necessarily mean that the one of the parties is required to pay alimony to his or her spouse for the remainder of his or her life.
Temporary Alimony: Temporary alimony is awarded “when an action for divorce or permanent alimony is pending”. For one of the parties to receive temporary alimony, the parties must have a hearing in front of a Judge. See O.C.G.A. § 19-6-3(a). Temporary alimony is intended to provide support of one of the parties until a final judgment is reached by the Court or until further order by the Court.
Rehabilitative Alimony: Rehabilitative alimony when awarded grants payments made by one spouse to another for a limited period of time. Rehabilitative alimony is designed to allow the person receiving money to prepare to become financially self-sufficient. During this time, the person receiving alimony is expected to look for full time employment and/or receive and education that would lead to full time employment.
When the court grants alimony, there are several factors that are used to determine whether to award alimony, the amount to award and the duration of the alimony payments. These factors include, but are not limited to:
Adultery: If one of the parties has committed adultery or has abandoned their spouse during his or her marriage, then the judge most likely will not grant alimony in a case. See O.C.G.A. § 19-6-1(b).
Needs: The Court will take into account the financial needs of the parties.
Ability to Pay: The Court will consider the ability of one of the parties to pay alimony to the other party according. See O.C.G.A. § 19-6-1(c).
Income: If the parties make approximately the same amount of money per year, the Court will not usually award alimony to either of the parties in a divorce.
Duration of Marriage: The length of time the parties were married is very relevant in any request for alimony.
Standard of Living: The standard of living for the parties during the marriage and at the time leading up to the divorce is very relevant in request for alimony.
Physical Condition: The age, physical health, and emotional health of both parties.
Education: The education level of the parties and/or how much time is needed for a person seeking alimony to receive the training or education necessary to re-enter the workforce
Contribution to Marriage: How much each partner contributed to the marriage in terms of childcare, housekeeping and other related family and home life duties.
Once a Judge has heard all of the evidence, it is under his or her discretion whether to award alimony in a case. It important to understand, just because the parties are getting divorced does not automatically mean that the Court will award alimony to one of the parties in the case.
Alimony, like all other divorce issues, can be resolved as a part of an uncontested case. If the parties are in agreement regarding alimony, the parties would both sign as part of a divorce agreement the terms setting out the terms of the divorce and alimony. The agreement is then submitted to the Court. Assuming that both parties signed the agreement without pressure and the terms proposed are not unjust, the Court will likely approve this petition for divorce and the provisions concerning alimony.
If you are facing a divorce, custody battle or just need some great family law / divorce advice – call us at Coleman Legal Group, LLC. You will be able to speak directly with an attorney and schedule a consultation if needed.
Modification Alimony: Alimony can generally be modified, unless the modification is waived in an uncontested divorce agreement. Situations that may give rise to a modification of alimony, usually by the payor, include but are not limited to: reduced income, remarriage of the other spouse, changed financial circumstances, change in the payer’s family size (i.e. – remarried and new children are born), cohabitation of the other spouse with a paramour.
If you have any questions concerning alimony, call us today at 770-609-1247 and ask to speak with one our experienced and caring divorce and family law attorneys.
Call 770-609-1247 or use the Email Submission Form Below
Weekend and Evening Appointments and Consultations Available.
[contact-form-7 id=”1180″ title=”CLG Contact – Body”]
Main Office, Alpharetta, Georgia: 5755 North Point Parkway, Suite 52, Alpharetta, GA 30022
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 52 Alpharetta, GA 30022 Phone: 770-408-0477 | Map |
Atlanta Georgia |
Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-408-0477 | Map |
Cumming Georgia |
Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated. This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit. Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family. However, there are ways...
read moreWe frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce. The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action. And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage. Below is a discussion of other...
read moreDivorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...
read moreWhen the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders. In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct. A violation of any of the standing orders can result in some jail time due to being in contempt of the court. The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...
read moreValuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...
read moreWhat is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...
read moreSay that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...
read moreWhen going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for. Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...
read moreWhen the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...
read moreDividing a Business in a Georgia Divorce Equitable division does not mean an equal division. In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...
read more