Alimony in Georgia: What You Need to Know

If you're getting divorced in Georgia, alimony may be an important element of your case. Here are the basics.

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Gavel and Scales

If you are considering filing for divorce in Georgia, or have been served divorce papers, there's a chance that alimony payments will be a part of your divorce negotiations. There are many factors that determine alimony payments in Georgia, which an experienced alimony attorney can explain to you thoroughly. However, it might be helpful to you to have a brief overview of how alimony payments are a part of the divorce process in Georgia.

Determination of Alimony

Determination of alimony in a divorce situation is based upon several factors, most importantly being division of income between spouses and living expenses during and after the transition period into separate lives. 

Duration and terms of alimony payments must also be decided upon during the divorce proceedings and can be for the period such proceedings or extend beyond and can be paid out in either a lump sum or payment format.

Important Factors

Here's what you need to know about alimony in Georgia:

  • Who Gets Alimony? In Georgia, alimony is awarded based on the particular financial needs of either spouse, and also on the projected capability of each spouse to earn income. Although alimony is typically thought of as applying only to women, it isn't based on gender, so if the husband has demonstrated financial need and can't earn income, there's a possibility for him to be awarded alimony in Georgia.
  • Is it Permanent? Georgia law separates alimony into temporary and permanent. Temporary alimony is sometimes awarded in GA during the divorce process to provide financial stability to the spouse that is dependent on the other. Permanent alimony is usually incorporated into the final divorce decree, and how it is paid out, whether lump sum, periodically, or a combination of both is established at this time.
  • How much are the Payments? A variety of factors go into determining alimony payments in GA. Some of the top considerations include the standard of living each spouse had during marriage, how long the marriage lasted, the physical and emotional condition of each spouse, other financial resources the parties might have, and more.
  • When Do Payments Stop? In Georgia, alimony typically ends if the spouse receiving alimony remarries or passes away.
  • Can the Payments Be Increased or Decreased? Once the terms of Alimony are established, there can be modification them should either party show a change in circumstances, positive or negative in nature.

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