Spousal support, also known as alimony, is a regular payment that one spouse makes to the other after a divorce or legal separation. Its purpose is to assist the receiving spouse in maintaining a similar standard of living to what was experienced during the marriage, and it can be either temporary or permanent.
In Georgia, spousal support is granted by a judge based on the needs of the applicant and the paying spouse’s ability, taking into account factors such as the duration of the marriage, grounds for divorce, and the conduct of the spouses.
When to Seek Spousal Support?
Georgia allows either spouse to request spousal support, but the court decides who receives this benefit. Spousal support can be requested on a temporary or permanent basis, depending on the needs of the parties involved. There are several ways to request spousal support during a divorce process:
- Through mutual agreement of both parties.
- If the parties involved in the divorce process fail to reach an agreement on spousal support, the judge decides who has the right.
Spousal support can be either permanent or short-term.
Permanent Spousal Support
In some cases, especially in long-term marriages, permanent spousal support may be awarded. This means that the paying spouse is obligated to make alimony payments indefinitely or until a specific event occurs. In most cases, permanent spousal support is awarded when one party is unable to work due to age, physical illness, or mental health issues.
Short-term or Temporary Spousal Support
This type of support is granted when the divorce process is ongoing and one spouse needs financial assistance. Another factor for granting temporary spousal support is when one spouse stayed at home during the marriage and needs financial assistance for education or training to secure employment.
Determining Payments and Duration of Spousal Support
The judge will consider various factors before granting spousal support and determining the amount of payment and its duration. This includes:
- Standard of living during the marriage.
- Duration of the marriage.
- Physical age, health condition, and mental health of the parties involved in the divorce.
- Economic situation of both parties.
- The time necessary for one of the parties to receive education or training to find employment.
- Actions taken by each spouse during the marriage, such as household chores, childcare, education, and professional development of the other party.
- Current situation of each party, including separate assets, income-generating capacity, and responsibilities.
- Other factors that the judge deems relevant.
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Why Spousal Support Payments May Cease
Spousal support payments may cease under certain circumstances, such as the remarriage of the recipient spouse, significant changes in the financial circumstances of one of the spouses, or the death of one of them. Additionally, spousal support may be lost if the paying spouse loses their job or retires.
Why Hire a Family Lawyer for Spousal Support Proceedings?
It’s important to seek the assistance of a family lawyer for spousal support proceedings for several reasons:
- Specialized legal knowledge: Family lawyers have a deep understanding of the laws and regulations regarding spousal support in their specific jurisdiction. They are familiar with legal procedures and requirements to ensure that all legal aspects of the case are properly addressed.
- Personalized advice: A lawyer can provide personalized advice based on the unique circumstances of each case. They will carefully evaluate the specific details of the marriage, each spouse’s income, financial needs, and other relevant factors to determine the best legal strategy for obtaining fair and equitable spousal support.
- Efficient negotiation: They are trained in negotiation techniques and can effectively represent their client’s interests during negotiations with the other party or their lawyer. This can help ensure that a fair and favorable agreement is reached regarding spousal support.
- Rights protection: A lawyer will work to protect their client’s legal and financial rights at all times. This includes ensuring that all legal obligations are met and that spousal support accurately reflects the needs and circumstances of their client.
Schedule an Expert Consultation Today
Our spousal support lawyers are well-versed in Georgia’s alimony laws, which is crucial for protecting your rights and interests. Get guidance from divorce and support experts by scheduling a consultation with our office by calling 1-770-956-9961 or filling out our online form.
