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Alimony Factors in Georgia – How Does the Judge Decide?

As discussed in last week’s post, “Alimony in Georgia,” there is no formula for determining alimony in a Georgia divorce case. So how does a Judge decide whether alimony should beawarded and in what amount? Fortunately, Georgia law gives a list of factors that must be considered in determining the amount of alimony to be awarded, if any:

1. The standard of living established during the marriage
2. The duration of the marriage
3. The age and 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
8. Such other relevant factors as the court deems equitable and proper

OCGA ยง19-6-5(a)(1)-(8).

Unlike child support, these factors serve merely as a guideline for Judges. A Judge must start with these factors and then use his/her discretion in determining the proper amount of alimony, ifany. Two different Judges may view the same set of facts completely differently when it comes to alimony. As such, it is very important to have an experienced family law attorney representing you to help you navigate through the alimony arguments.

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