Meriwether & Tharp, LLC
6788799000 Meriwether & Tharp, LLC 6465 East Johns Crossing; Suite 400 Varied
If you have divorce questions

Comprehensive Guide to Alimony in Georgia: Your Trusted Alimony Attorney

Understanding Alimony in Georgia: Calculation Methods and Duration of Payments Explained with Reference to O.C.G.A. §§ 19-6-1, 19-6-5, and 19-6-6

What is Alimony? Alimony Defined with Georgia's Legal Code

What is Alimony? Alimony Defined with Georgia's Legal Code

Alimony, legally defined under Georgia law (O.C.G.A. § 19-6-1), refers to court-ordered payments made by one spouse to the other for support and maintenance during periods of separation or following divorce. These alimony payments are intended to provide financial assistance when one spouse has a diminished earning capacity or no income, ensuring they receive adequate support for a specified time. Unlike other states, Georgia does not use a fixed formula for determining alimony. Instead, the court evaluates each case by balancing the parties' needs against the paying spouse's ability to pay, considering factors such as the length of the marriage and the financial circumstances of both parties, in accordance with O.C.G.A. § 19-6-5. For example, a short marriage with equal incomes may not warrant alimony, while a long-term marriage where one spouse earns significantly more than the other often results in spousal support. Additionally, the law includes provisions such as the live-in lover clause (O.C.G.A. § 19-6-6), which can affect alimony eligibility. Consulting an experienced alimony lawyer can help you navigate these complexities and secure a fair divorce settlement.

We are Your Source for Alimony

Explore Meriwether & Tharp's Comprehensive Divorce Guide & Video Library for Expert Insights on Alimony, Spousal Support, and Divorce Settlements in Georgia

How is Alimony Calculated in Georgia?

How is Alimony Calculated in Georgia?

Calculating alimony payments in Georgia requires a thorough evaluation of the recipient spouse's financial needs alongside the paying spouse's capacity to provide support. Georgia courts rely on eight key factors outlined in O.C.G.A. § 19-6-5, including the length of the marriage, lifestyle maintained during the marriage, the health and age of both spouses, and the time needed for the receiving party to gain education or job training. Each element is carefully considered to determine a fair and just monthly spousal support amount. Whether you need assistance requesting or disputing alimony in Georgia, working with an experienced alimony lawyer or spousal support attorney near you is essential for safeguarding your interests and securing a favorable divorce settlement.

Does Adultery or Cheating Affect Alimony in Georgia?

Does Adultery or Cheating Affect Alimony in Georgia?

Yes, adultery can have a significant impact on alimony payments under Georgia law. According to O.C.G.A. § 19-6-1, if the spouse seeking alimony has committed adultery and it is proven that this misconduct directly caused the divorce or separation, they may be barred from receiving alimony. The burden of proof requires a preponderance of the evidence to establish the adultery. This legal nuance makes it essential to work with an experienced alimony attorney who can effectively present or contest such claims, ensuring that your rights are fully protected during the divorce settlement process.

When Does Alimony End in Georgia?

Permanent alimony in Georgia, while it sounds indefinite, is quite rare. Typically, the length of alimony payments correlates with the duration of the marriage. Most alimony awards specify a fixed term after which payments cease. However, there are key circumstances under Georgia law (O.C.G.A. § 19-6-24) that can lead to early termination or modification of alimony payments:

Click here to read more about how long alimony will last.

1

Understanding Remarriage and Its Impact on Alimony in Georgia

2

Impact of the Death of a Spouse on Alimony and Divorce Settlement

3

Understanding Cohabitation and Its Impact on Alimony in Georgia

Remarriage for alimony
Understanding Remarriage and Its Impact on Alimony in Georgia

In Georgia, alimony payments generally terminate when the recipient spouse enters into a new marriage, as outlined in the Georgia Code (O.C.G.A. § 19-6-1). This legal provision defines alimony and specifies circumstances under which spousal support obligations end. Understanding these legal guidelines is essential when negotiating your divorce settlement. Consulting with an experienced alimony attorney near you can help ensure your rights are protected throughout the process.

death of a spouse
Impact of the Death of a Spouse on Alimony and Divorce Settlement

Alimony payments officially end when either spouse, the payer or the recipient, passes away.

Moving in with romantic parter in cohabitation.
Understanding Cohabitation and Its Impact on Alimony in Georgia

In cases of alimony in Georgia, if the spouse receiving alimony begins living with a new romantic partner, a skilled alimony attorney can help you understand how this change might lead to a modification or termination of alimony payments. Consulting an experienced spousal support attorney near you ensures your rights are protected during a divorce settlement.

Types of Alimony in Georgia

Georgia law recognizes four distinct types of alimony, each serving different purposes within a divorce settlement and spousal support framework.

How to Modify Alimony Payments with an Experienced Alimony Attorney

Life is unpredictable, and changes in circumstances can affect the need for alimony payments. If your divorce settlement has been finalized with a Final Judgment and Decree of Divorce, either spouse has the option to request a modification of alimony in Georgia. This means you can seek a fair adjustment, whether an increase or decrease, to your spousal support arrangement through the assistance of an experienced alimony attorney.

Man thinking of modifying alimony
Did this article help you?
Yes
No
Thank you, we appreciate your feedback!