Divorce presents a variety of complicated financial situations to settle which may be difficult to understand whenfirst entering the divorce process. With all of the legal jargon being hurled your way, many clients want to simply resolve their issues and get started on re-building their life and future.
Among these concerns, alimony will often arise as a top question. Alimony, or spousal support, is the payment made to a former spouse during or after the divorce process to assist the partner in adjusting to life without their bread-winning partner. This arrangement can be made privately between the couple, or dictated by the courts.
Alimony differs greatly from child support, as child support is a mathematical calculation using established guidelines. Determining alimony in the state of Georgia is not as simple. Spousal support is determined by the discretion of the judge and is typically reserved for situations where one spouse has been economically reliant on the other spouse for the duration of the relationship.
Am I Eligible For Alimony?
Although there is no formula for calculating alimony in the state of Georgia, various factors may be weighted differently based upon your unique circumstances. Unless an arrangement is made privately, a judge has final decision on alimony awards. The considerations for these amounts are:
- Standard of living during the marriage
- Duration of marriage
- Time necessary for either party to acquire training or education that influences gainful employment
- Contributions to the marriage
- Age, physical condition and mental state of both partners
Types of Alimony
There are 2 types of alimony that currently exist in Georgia. Read more below on the different types and what may be applicable to your personal situation.
- Rehabilitation Alimony
The intent of rehabilitation alimony is to provide assistance to a partner for a temporary time period. In this time, the partner would pursue additional education or training in efforts to build income and financial status.
- Permanent Alimony
For couples whose marriage is has been longer or more “traditional”, with a single breadwinner, permanent alimony could be the best fit to remedy your circumstance. If you or your spouse has been dependent on the other partner for financial satisfaction, especially in a long-term marriage, permanent alimony may be granted.
How do Courts Award Alimony?
During the litigation process, both parties will present the courts with extensive detail on your financial background including credit/debts, any supporting income, as well as daily household duties or responsibilities that illustrate each party’s need for support, and ability to pay, now that the marriage has ended. This will help the judge gain a better perspective of the parties’ roles and how alimony may be appropriate on a case-by-case basis.
Learning more about alimony and how you can gain control of your financial future is an important step to make while sorting out your divorce requests and expectations. Although this time may be mentally or emotionally challenging, it is important to examine your options objectively to make the best decision for you and your family.