Common Mistakes During Alimony Proceedings in Atlanta

Also known as “spousal support,” alimony is an important financial lifeline for many spouses. It may also be a source of frustration for those tasked with paying these sums. Regardless of whether you stand to receive or pay alimony, you should strive to avoid a few common mistakes. It may be easier to avoid these mistakes with guidance from an experienced alimony lawyer in Atlanta.

Mistake Number One: Not Considering Alternative Dispute Resolution 

Many spouses take an adversarial approach to alimony – but this may not be necessary. In fact, you do not need to fight with your ex in court, and you could resolve this dispute through private discussions. These private discussions take the form of “alternative dispute resolution” or “ADR.” Examples of ADR include mediation, collaborative law, and arbitration.

During ADR, spouses can work out more flexible and creative alimony deals. One spouse might agree to forfeit their right to alimony in exchange for something else they want. This might be the family home, the family vehicle, or anything else. On the other hand, alimony proceedings in court can be time-consuming and expensive.

Mistake Number Two: Not Considering the Role of Adultery 

Not every marriage ends because of adultery, but spouses who have experienced this firsthand should carefully consider the role this might play during alimony proceedings. In Georgia, a spouse may lose access to alimony if their unfaithfulness caused the breakup. This is not the case in many other states, where adultery is completely irrelevant during alimony proceedings.

If you stand to receive alimony, you should do everything in your power to refute allegations of adultery. Even if infidelity occurred, you may be able to prove that it did not cause the breakup. For example, your ex might have forgiven you after finding out about the affair. If you stand to pay alimony, the reverse is true – and you should work with a lawyer to gather compelling evidence of the affair. This is particularly worthwhile during high-net-worth divorce, which can lead to high alimony obligations.

Mistake Number Three: Not Considering Lump-Sum Alimony 

Lump-sum alimony is a viable option for many spouses. Although it is not always the best choice, one should at least consider its potential benefits. When you receive a lump sum instead of gradual payments, you can invest this large amount of capital. This may make it easier to fight the effects of inflation over time. Many paying spouses also appreciate the “one-and-done” nature of lump-sum alimony.

Can an Atlanta Alimony Lawyer Help Me?

If you want to approach alimony in an efficient manner, consider working with an experienced family law attorney in Atlanta. Choose a legal professional who has handled many alimony cases in the past, and it should be easier to avoid numerous common mistakes. Buckhead Family Law is committed to helping spouses with alimony-related issues, so contact us today to discuss an action plan.

Sources: 

womenslaw.org/laws/ga/statutes/19-6-1-alimony-defined-permanent-and-temporary

legis.ga.gov/api/document/docs/default-source/general-statutes/summary-of-2020-general-statutes.pdf?sfvrsn=3dc9689d_2