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What is Alimony?Alimony is an allowance out of one spouse’s (or ex-spouse’s) separate estate for the support of the other spouse when the spouses are living separately. The purpose of...Read More
Determining AlimonyIn order for a court to make a finding regarding alimony and determine the respective needs and abilities of both parties, the court considers eight factors.Read More
When does Alimony end?Typically, alimony ends with 1) the passing of either spouse; 2) remarriage of the recipient spouse; or 3) cohabitation of the recipient spouse with a romantic partner.Read More
Periodic alimony is where one party receives periodic payments of alimony over the course of a certain period of time.Read More
Lump Sum Alimony
Lump sum alimony is when one spouse pays the other a lump sum or money from that spouse’s separate estate/funds. Lump sum alimony does not have to be paid all at once, it may...Read More
Temporary alimony or alimony pendente lite (pending the suit), is where one spouse makes alimony payments to the other spouse during the pendency of the divorce.Read More
Permanent alimony is not necessarily "permanent." Unlike temporary alimony, permanent alimony typically means alimony incorporated in the final divorce decree.Read More
After a divorce matter is concluded and a Final Judgment and Decree of Divorce is entered in the matter, an action for a modification of alimony may be filed by either of the former spouses to seek a reduction or increase in the amount of alimony paid by one former spouse the other.
Adultery as a Bar to Alimony
A spouse will not be entitled to alimony if it is established that the separation between the spouses was caused by that spouse’s adultery. The adultery committed by that spouse must be proven by a preponderance of the evidence. Adultery is not a bar to alimony in every case. Only when it has been shown that the adultery of one spouse actually led to the separation of the spouses will the adulterous party be denied alimony as a result.
Fifteen Convenient Locations in the Greater Atlanta Area
I was very fortunate to get Charlotte as my divorce attorney. After 30 years of marriage, I found myself in very unfamiliar territory and Charlotte helped me navigate some very rough waters. There was so much I hadn't... read more