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Georgia Alimony Factors – Standard of Living

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Under Georgia law, alimony may be awarded in a divorce action "to either party in accordance with the needs of the party and the ability of the other party to pay," taking in account "the conduct of each party toward the other." OCGA §19-6-1(c). There are eight factors that must be considered in determining the amount of alimony, if any, to be awarded. OCGA §19-6-5(a).

The first factor to be considered is "[t]he standard of living established during the marriage." OCGA §19-6-5(a)(1). The Supreme Court of Georgia has held and reaffirmed that the judge and/or jury may consider "the social standing and luxuries of life which the spouse had been enjoying and would have continued to enjoy had there been no separation." Bodrey v. Bodrey,246 Ga. 122, 123 (1980); McNally v. McNally, 223 Ga. 246, 248 (1976). Thus, for example, if the parties lived an extravagant, luxurious lifestyle when married due to the high income of the husband, this lifestyle would be considered in awarding alimony to the wife, especially if she could not otherwise retain that same social standing.

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