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. 

Need Help with Alimony? Contact us today at (678) 701-6252 for experienced guidance on your case!

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. 

Common Misconceptions About Alimony in Georgia

Many people have misunderstandings about alimony. Here are some of the most common myths:

• Alimony is not automatically awarded: A lot of people believe that alimony is granted in every divorce, but that’s not true. The decision to award alimony depends on various factors, including the needs of the requesting spouse and the financial ability of the other spouse to pay.
• Alimony is not permanent: Some believe that alimony payments continue indefinitely, but this isn’t usually the case. Alimony is typically meant to help the receiving spouse transition financially after a divorce. Payments may end after a set period, or when the receiving spouse becomes financially independent. Alimony may only continue indefinitely in cases of extreme circumstances, like a disability or old age that prevents the spouse from working.
• Spousal support is not just for women: Alimony is often thought of as something for women, but it can also be awarded to men. The court bases the decision on financial need and ability to pay, not gender.

How to Maximize Your Chances of Receiving Alimony

If you are seeking alimony, here are some steps that can help strengthen your case:

• Demonstrate need: Show that you need financial support to maintain a similar standard of living as you had during the marriage. The more evidence you can provide of your financial dependency, the stronger your case will be.
• Document contributions to the marriage: Non-financial contributions, such as raising children, managing the household, or supporting your spouse’s career, may be considered. Make sure you document these contributions to show your role in the marriage.
• Be proactive with negotiations: It can be helpful to negotiate alimony directly with your spouse rather than leaving it up to the court. A settlement outside of court may allow both parties more flexibility and control over the terms of the agreement.

How to Avoid Alimony Payments

In some cases, you may be able to avoid alimony payments. Here are a few ways to do so:

• Demonstrate financial independence: If you can show that your ex-spouse is self-sufficient and no longer needs financial support, it can help avoid alimony. Proving that they have a stable job or other sources of income can support this argument.
• Negotiate a settlement: In some cases, both parties may agree to waive alimony entirely as part of a divorce settlement. This can be beneficial if both sides agree to avoid the complexity of ongoing payments.
• Substantial changes in circumstances: If there’s a significant change in financial situations after the divorce, such as a job loss, illness, or a new source of income, you may be able to request a modification or termination of alimony payments. The court will evaluate the need for continued payments based on current circumstances.

Frequently Asked Questions (FAQ) about Alimony in Georgia

• Is alimony automatically granted in every divorce? No, alimony is not automatically granted in every divorce. The court will only award alimony if it finds that one spouse has a financial need and the other has the ability to pay, based on factors such as the length of the marriage and each spouse's financial situation.
• Can alimony be awarded if the receiving spouse is employed? Yes, alimony can still be awarded if the receiving spouse is employed. The court will consider the spouse’s income, but it will also look at whether their income is enough to maintain the same standard of living enjoyed during the marriage.
• Can alimony be modified after it is awarded? Yes, alimony can be modified if there is a substantial change in circumstances, such as a change in either spouse’s financial situation or a health condition that affects their ability to work.
• How long will I have to pay alimony in Georgia? The duration of alimony payments varies based on the circumstances. Temporary alimony typically ends when the divorce is finalized, while permanent alimony can last until the receiving spouse becomes self-sufficient, remarries, or experiences significant life changes.
• Does the court consider fault in the divorce when deciding alimony? Yes, the court may consider marital misconduct, such as infidelity or domestic violence, when determining whether alimony should be awarded and how much should be paid. However, fault is just one of several factors that the court evaluates.
• Can alimony be waived in a divorce settlement? Yes, both parties can agree to waive alimony as part of a divorce settlement. However, it must be negotiated and agreed upon by both spouses, and it must be included in the final divorce decree.
• What happens if the paying spouse stops making alimony payments? If the paying spouse stops making alimony payments, the receiving spouse can seek enforcement through the court. This can include wage garnishment, a contempt of court action, or other legal measures to collect the owed payments.

Facing Alimony Concerns? Call (678) 701-6252 now to speak with a skilled attorney. Contact us for a consultation!