Atlanta Alimony Lawyer
An important thing to know about alimony, also known as spousal maintenance or spousal support, is that it not always granted in a Georgia divorce, even after a long-term marriage. If one party is seeking alimony in a divorce, the court must decide that the person being asked to pay alimony is able to pay, and that the person seeking alimony truly needs it. These facts are decided based upon the evidence and arguments made in court by the attorneys for both sides. If you are seeking or opposing alimony in a divorce in Atlanta or surrounding areas, Buckhead Family Law can provide you with a skilled and experienced Atlanta alimony lawyer to argue your case and fight for a favorable outcome that meets your needs.
Facts about alimony in Georgia divorces
Georgia alimony law recognizes two types of alimony: rehabilitative and permanent. Rehabilitative alimony is awarded for a short-term basis as needed while a former spouse goes back to school or work to acquire or relearn job skills necessary to be self-supporting. Permanent alimony is granted on a long-term or permanent basis (until recipient dies or remarries) if the receiving spouse is unable to work due to age, illness or some other factor. The court can also make a temporary alimony award while divorce proceedings are underway, if needed by the receiving spouse.
In determining whether alimony is proper, including even temporary alimony, the court considers the conduct of each party toward the other during the marriage. In any alimony case, the court will require evidence of the factual cause of the separation, even if the divorce is a no-fault divorce based on an irretrievable breakdown of the marriage.
If permanent alimony is found to be in order, Georgia courts look at a number of different factors when determining the amount of permanent alimony to award. These factors include all of the following:
- 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 party to find appropriate employment;
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, 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; and
- Such other relevant factors as the court deems equitable and proper.
Buckhead Family Law can help by marshaling appropriate facts and arguments regarding whether alimony is appropriate and if so, how much alimony should be awarded.
Effect of adultery on an alimony award in Georgia
Under Georgia law, a party seeking alimony will not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion.
Experienced Atlanta Divorce Lawyer for Alimony Issues in Your Divorce
To discuss the impact alimony may have on your divorce settlement, call Buckhead Family Law at 404-600-1403 to speak with a knowledgeable and experienced Atlanta alimony lawyer.