Spousal Support

Understand Georgia Alimony Laws

In Georgia, alimony payments may become part of how the marital property distribution is awarded. Alimony, or spousal support, is not a guaranteed award, and is not available if the spouse desiring support payments is guilty of adultery or desertion.

Eligibility for alimony in Georgia is not an automatic and guaranteed part of the divorce. Certain conditions, such as adultery, can completely nullify any rights to request spousal support. Generally speaking, spousal support is awarded in long term marriages, where one spouse has been the sole income provider and the other spouse has minimal or no income earning potential.

Calculating Spousal Support Amounts

In Georgia, the calculation of any spousal support award is highly subjective and somewhat arbitrary. The basis for any award of spousal support (alimony) is supposed to be based on "need" and "ability to pay". Spousal support is more common in long term marriages – those that have lasted more than 10 years. There is no set formula to determine spousal support payment amounts.

Spousal Support Factors

Core Financial Factors

• ○ Each person's income, assets, available financial resources.
• ○ The standard of living during the marriage and how close each spouse can live in a similar style post-divorce.
• ○ The paying spouse’s ability to provide support while still meeting personal living expenses.

Personal Circumstances

• ○ The length of the marriage. A long-term marriage usually is conducive to getting support.
• ○ Each person’s age and health, especially with regards to future earning capacity.
• ○ Any training, and the time frame needed, for the lower‑earning spouse to become reasonably self‑supporting.

Contributions to the Marriage

• ○ Each person’s contributions during the marriage including income, home-making, and support of the other person’s career or business.
• ○ Whether one person sacrificed their career or income to care for home-making and family.

Misconduct and Eligibility

• ○ Marital misconduct such as adultery or desertion, which can bar or reduce alimony for the at‑fault spouse under Georgia law.
• ○ Any other significant circumstances the judge may perceive affected affected the quality of the marriage such as drug addiction, alcoholism, criminality, etc.

How Long You Must Pay

The length of time that you will have to pay spousal support varies is often approximately one-third the length of the marriage. It is possible to stop paying support sooner for conditions such as your spouse becomes financially self sufficient through a job, inheritance, financial windfall, new marriage. Being at the judge’s discretion, you need a competent attorney to get the best results.

Penalties for Non-Payment of Support

The penalties for failure to pay spousal support vary from admonishment to jail time. It is common for a payment to sometimes be slightly late however habitual tardiness, or outright failure to pay, can place you in Contempt and lead to jail time. Additionally your wages may be garnished (if you are able to keep your job). Non-payment due to hardship may be grounds for a Modification.

Whether you are receiving or paying spousal support, if you have a problem we can help you. Get answers to your questions and learn about possible legal solutions. Call 678-880-9361 or Contact Us Online to schedule a consultation with a lawyer.