Barrow County Spousal Support Attorneys

Two types of alimony can be awarded in a Georgia divorce. Temporary alimony aims to support a spouse while the divorce is finalized, while permanent alimony continues after the divorce proceedings are over. In some cases, a judge might initially order temporary alimony before awarding a separate permanent alimony arrangement that will continue after the divorce.

The “permanent” in “permanent alimony” can be somewhat misleading. In most cases, this type of alimony is not truly permanent. A spouse may only need to make payments until their former partner can acquire the training or education that they need to find a job and achieve financial independence. Permanent alimony arrangements are generally only indefinite if the benefitting spouse is disabled or elderly and therefore unable to work.

Spousal support is not the same thing as child support. A spouse may be required to pay both alimony and child support for set periods of time following a divorce. 

How Courts Determine Alimony Awards in Georgia

Either spouse can request spousal support as part of the divorce process. However, alimony is need-based and not automatically granted. A judge will need to determine whether the requesting spouse needs support and whether the other spouse has the means to pay. 

When considering whether to grant alimony, a Georgia judge will consider:

• The age and health of each spouse
• The duration of the marriage
• The marital standard of living
• The financial circumstances of each spouse, including each spouse’s earning capacity, debts, and separate property
• How long each spouse will need to complete the training or education necessary to obtain sufficient employment
• The contributions each spouse made to the marriage
• Marital misconduct, including infidelity violence, and other types of “fault”

Because there is no formula for calculating alimony in Georgia, the details of any spousal support arrangement will often be up to the discretion of the judge. Our Barrow County spousal support attorneys are familiar with how to strategically position clients in these matters and can leverage our knowledge and resources to benefit your case. 

Modifying or Terminating an Existing Spousal Support Order in Georgia

Once alimony has been awarded, the ordered payments must be made, even if the spouse disagrees with the decision. Temporary alimony orders will automatically cease when the divorce is finalized, but permanent alimony orders may require spouses to make payments for many months or years. An end date will be included with the permanent alimony order.

A permanent alimony order will automatically terminate if the benefitting spouse remarries. The original expiration does not matter, and no further court action is required.

You may be able to modify an existing spousal support order if there has been a substantial change in circumstances. In these cases, you will need to submit your request to the applicable court and include evidence that demonstrates why a change is warranted. You cannot request a change because you believe the current alimony award is unfair.

A Georgia judge might consider modifying a spousal support order if:

• The contributing spouse lost a job and no longer has the resources to make the current payments
• The benefitting spouse lost a job and needs additional resources from the contributing spouse, who can afford to pay
• The benefitting spouse has become seriously injured or ill and needs additional resources from the contributing spouse, who can afford to pay
• The benefitting spouse is cohabitating in a marriage-like relationship and is avoiding getting formally married to preserve the current alimony arrangement

Other substantial changes in circumstances may also justify adjustments. Our Barrow County spousal support lawyers can evaluate your case and, if we believe a change is possible, guide you through the process of requesting a modification. 

Put the Mitchell & Crunk Law Firm’s experienced team on your side. Schedule a free initial consultation by contacting us online or calling (678) 701-6252.