Marietta, GA Spousal Support Attorney Works for Fair Alimony Awards
Constructive approach leads to lasting solutions in Georgia divorces
In Georgia, a court may award alimony during or following a procedure for legal separation or divorce, but the award is not automatic. Nor are there strict guidelines to determine how much support the court should grant. With so much to gain or lose, you should carefully consider the attorney you select to represent you in your alimony dispute. The Law Offices of Daryl L. Kidd, P.C. has more than three decades of experience representing separating and divorcing spouses in alimony negotiations, mediation and litigation. We have experience working with affluent couples and those struggling in a difficult economic climate to make ends meet. We understand your concerns and put your interests first.
How do Georgia courts decide on alimony?
The court may award alimony according to the recipient spouse’s needs and the payor spouse’s ability to pay. However, the court may decide not to award any alimony based on the conduct of the parties toward each other. For instance, if a party to an action for legal separation can show by a preponderance of the evidence that the separation came about due to the other’s adultery or desertion, the court may not award alimony.
Alimony in Georgia can be temporary or permanent. A spouse may petition for temporary alimony while the divorce or separation is adjudicated. The court may include litigation expenses in the award. A judge may exercise discretion to refuse an alimony award based on the circumstances of the separation.
Factors a Georgia court uses to determine an amount of alimony
Georgia Code § 19-6-5 lists the factors courts must consider when deciding on the amount of permanent alimony to award. These include:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of both parties
- The financial resources of each party
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable the person to find appropriate employment
- The contribution of each party to the marriage, including providing homemaking and childcare services and enabling the education and career-building of the other party
- The condition of the parties, including the separate estate, earning capacity and fixed liabilities of the parties
- Such other relevant factors as the court deems equitable and proper
Factors 4 and 7 depend heavily on how the court decides the division of assets during the equitable distribution process.
Does “permanent alimony” in Georgia really last forever?
Though the court intends for alimony to be permanent rather than temporary, a judge may change or terminate alimony awards when the circumstances of the parties change substantially. For example, a payor spouse may suffer financial reversals that make payment impossible at the current level. Or, the recipient spouse may find gainful employment. Finally, future alimony obligations terminate automatically when the recipient spouse remarries.
Contact an experienced Marietta attorney regarding alimony throughout Metro Atlanta
The Law Offices of Daryl L. Kidd, P.C. has the experience to resolve your alimony dispute effectively. If you’re concerned about how much you might have to pay or what you might be forced to live on, call our Marietta office at 888-532-8543 or contact us online. We offer a reduced rate for initial consultations and have flexible office hours during the week to accommodate your schedule.