Common Misconceptions About Divorce Law

At The Fairell Firm, we understand that navigating the complexities of divorce can be overwhelming, especially when it comes to understanding alimony. Alimony, also known as spousal support, is a payment from one spouse to another to help the receiving spouse maintain a reasonable standard of living after a divorce . In Georgia, alimony is designed to support a financially dependent spouse as they transition to a more independent lifestyle. Not all divorces will result in alimony, as Georgia courts carefully evaluate specific criteria before granting any form of support. Understanding how and why alimony is awarded can help you make informed decisions as you go through this challenging process. Legal Basis for Alimony in Georgia In Georgia, alimony is determined by examining both statutory law and the specific circumstances of each case. There are two primary types of alimony that the courts may award: rehabilitative and permanent. Rehabilitative alimony is the more common type, intended to provide financial assistance to a spouse while they gain the necessary education or job skills to become self-sufficient. Permanent alimony , on the other hand, is rare and typically reserved for situations involving long-term marriages where one spouse is unable to support themselves due to age, health, or other significant factors. The Georgia Code lays the legal foundation for alimony, outlining conditions under which spousal support may be appropriate. It is crucial to remember that alimony is not automatically granted in Georgia. Instead, it depends on a detailed analysis of each individual’s circumstances, meaning that a deep understanding of both state statutes and the facts of your case is essential. Types of Alimony Available in Georgia When discussing alimony, it is important to recognize the different forms that it can take. Here in Georgia, courts may award: Temporary Alimony : Temporary alimony, also called pendente lite, is often awarded during divorce proceedings. It serves as a temporary financial bridge for the dependent spouse until a final settlement is reached. This type of support ensures that both parties can manage the cost of living during what can often be a drawn-out process. Rehabilitative Alimony : Rehabilitative alimony is awarded when a spouse needs financial support while they gain skills or education necessary to enter or re-enter the workforce. For example, if one spouse supported the household while the other pursued a career, rehabilitative alimony could be used to level the playing field while the dependent spouse prepares for independence. Permanent Alimony : Permanent alimony is awarded in very rare circumstances. It usually applies in cases where the dependent spouse cannot realistically support themselves due to factors like advanced age, disability, or long-term absence from the workforce. For instance, a spouse who is elderly or has significant health concerns after a decades-long marriage may receive permanent alimony. Qualifying Factors for Alimony in Georgia Qualifying for alimony is not straightforward, as Georgia courts evaluate several factors to determine what kind of support, if any, should be awarded. Here are the major criteria that play a role in alimony decisions: Length of Marriage : The duration of the marriage is a significant factor. Generally, longer marriages are more likely to result in alimony. For instance, a 20-year marriage where one spouse stayed at home to care for the family will have a higher likelihood of alimony being awarded compared to a shorter marriage. Financial Condition of Each Spouse : The financial status of each party is critical. Courts look at income, assets , and each spouse's ability to earn. If one spouse earns substantially less or has fewer assets, the courts may determine that alimony is necessary to provide fair support. Standard of Living Established During Marriage : The standard of living enjoyed during the marriage is also considered. The goal of alimony is often to ensure that both parties can maintain a lifestyle that is reasonably comparable to what they experienced during the marriage. Contributions to Marriage : Both financial and non-financial contributions are valued by the court. If one spouse was the primary breadwinner while the other supported the family through homemaking or supporting their partner’s career, these contributions are weighed heavily in alimony decisions. Age and Health of Spouses : The age and health of both spouses are evaluated. If a spouse is elderly or has significant health issues that prevent them from being financially independent, this will increase the likelihood of an alimony award. Fault in Divorce : Georgia is a state where fault can play a role in determining alimony. Issues like adultery or abuse may affect whether alimony is awarded or denied. For instance, if one spouse's misconduct directly led to the breakdown of the marriage, it could impact their eligibility to receive support. Alimony Modification and Termination Alimony awards are not necessarily set in stone and can be modified or terminated based on changes in circumstances. Modification : If either party experiences a substantial change in their financial situation, they may request a modification of the alimony order. Examples of significant changes include job loss, severe health issues, or substantial increases in the paying spouse’s income. We recommend keeping detailed financial records to support any requests for modification. Termination : Alimony generally ends when one of several conditions are met. These conditions include the remarriage of the recipient, cohabitation with another partner, or the death of either spouse. In certain cases, a significant change in the payer's circumstances, such as retirement or severe illness, may also result in termination. Knowing the exact details and keeping your legal documents up to date is essential to ensuring fair outcomes. How Georgia's Fault Laws Impact Alimony Georgia’s approach to alimony is unique in that fault can significantly impact the outcome. If you or your spouse is found to be at fault for the divorce, this could affect alimony awards. For example, if adultery is proven and is cited as the reason for the divorce, the court may deny alimony to the offending spouse. Understanding these fault-based implications is crucial, as they may be the deciding factor in whether alimony is granted or denied. Make sure you communicate all relevant details with your attorney to get a clear perspective on how fault may affect your case. Seeking Legal Counsel for Alimony Alimony decisions can be complicated, and every situation is unique. We always recommend seeking the advice of an experienced family law attorney who understands Georgia’s specific alimony laws and can guide you through the process. The right attorney will help you evaluate your circumstances, prepare documentation, and provide effective representation. Consider asking questions such as: “How does the length of my marriage impact my alimony eligibility?” or “What can I expect if we pursue fault-based grounds for divorce?” Frequently Asked Questions About Alimony in Georgia Does everyone qualify for alimony? No, not everyone qualifies for alimony. It depends on factors such as financial dependency, length of marriage, and fault in the divorce. How long does alimony typically last? Alimony duration varies. Temporary alimony ends once the divorce is finalized, while rehabilitative or permanent alimony can last longer, depending on the situation. Can alimony be paid in one lump sum? Yes, alimony can be paid in one lump sum if both parties agree or if the court deems it appropriate based on the circumstances. Lump-sum payments may be preferred to avoid ongoing interactions between the parties. Final Thoughts on Qualifying for Alimony in Georgia Alimony decisions are complex, and each case is unique. We encourage you to consider the factors we've discussed and consult with a legal professional to understand your specific situation. Knowledge is your most powerful tool as you navigate this aspect of divorce, and we are here to help. Give us a call today for support.

If you are an unmarried parent navigating child custody, there are several things you need to know. Learn more with The Fairell Firm in Atlanta, GA, now!