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Alimony, also called spousal support, is designed to provide the lower income spouse with money for living expenses. This is separate from child support, and, unlike child support, is left to the discretion of the judge.
Usually, alimony is reserved for situations where one spouse has been economically dependent on the other for most of a lengthy marriage, but each decision is made based on the specific circumstances of that case. It is, however, rare to see alimony awarded in a case where the incomes of both parties are more or less equivalent.
There is no formula for setting the amount of spousal support in the state of Georgia. It is granted upon reviewing the need of one party and the ability of the other party to pay it.
Listed in OCGA § 19-6-5(a) are the following factors to be considered by the Georgia family court judge in deciding an award of spousal support:
– 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 both parties; where applicable, the time necessary for either party to gain sufficient education or training to find appropriate employment
– the contribution of each party to the marriage, including services rendered in homemaking and child care
– the financial condition of the parties
Particularly in shorter marriages, Georgia courts tend to look at alimony as rehabilitative, meaning that it’s only paid for a specific, limited period of time in order for the recipient find a job or obtain an education for the purpose of improving employment prospects.
Modifying the conditions of alimony decided by the court is always a possibility unless otherwise mandated by an agreement to the contrary. Changing alimony requires showing of a fundamental change in circumstances.
Alimony is terminated for a number of reasons including but not limited to: either party dies, the party receiving alimony remarries or cohabits for a minimum of 90 days, or by a court order demonstrating a court order is no longer necessary.
Coleman Legal Group, LLC team of divorce and family law attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Old Fourth Ward, Sugar Hill and Smyrna.
Our dedicated team of divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Immigration and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
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