Alimony/Maintenance/Spousal Support in a Georgia Divorce
Alimony/Spousal Support Factors
Georgia Spousal
Support- FAQ'sAlimony is payment made by one party to the other after the divorce, either
by court order or by mutual agreement. This type of post-divorce payment
is also sometimes referred to as maintenance. Until 1980, there were no
provisions under Georgia law for alimony. The Divorce Code of 1980
provides that the court may allow alimony to either party "only if it finds
that alimony is necessary."
Under Georgia law, married people are financially responsible
for each other — the husband has a duty to support his wife, and the wife has a
duty to support her husband. This duty lasts until the final Decree in Divorce
is granted. It doesn't stop simply because the couple separates.
Alimony in Georgia is authorized in limited situations and is not the broad
remedy that it is in other states. Alimony in Georgia is either "rehabilitative"
or "permanent". Alimony is money for support paid to a spouse by the
other spouse. Alimony can be for a short or long period of time. Usually alimony
is granted by the court only when a long term marriage ends. The other
party must be able to pay alimony of the court is to award alimony to the other
party. Alimony may also be grant short-term before a final divorce decree
is awarded.
Rehabilitative alimony is
intended to be a short-term measure which enables a spouse to get back on his or
her feet. Alimony is awarded to enable the other spouse to go back to school or
to acquire needed skills that would enable the spouse to be competitive in the
job market. Usually a spouse who has chosen the role of becoming a homemaker and
raising children has not been able to develop the skills necessary for
productive and gainful employment.
"Permanent alimony" continues for a long period of time, possibly until the
death of the party receiving the alimony and is usually awarded when one of the
parties is unable to work due to age physical or mental illness.
If the court determines that a spouse is eligible for
alimony, the following factors are then considered in the award:
Georgia Annotated Statutes: 19-6-5.
(a) The finder of fact may grant permanent alimony to either party,
either from the corpus of the estate or otherwise. The following
shall be considered in determining the amount of alimony, if any, to
be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both
parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to
acquire sufficient education or training to enable him to find
appropriate employment;
(6) 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;
(7) The condition of the parties, including the separate estate,
earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and
proper.
(b) All obligations for permanent alimony, however created, the time
for performance of which has not arrived, shall terminate upon
remarriage of the party to whom the obligations are owed unless
otherwise provided.
|