
How is Alimony Calculated?

How is Alimony Calculated?
In Georgia, the court determines the amount of alimony to be paid each month by carefully balancing the financial needs of the receiving spouse against the paying spouse's ability to pay. While this process may sound broad in theory, in practice the court conducts a thorough review of the evidence and testimony presented by both parties. The decision is guided by eight specific factors outlined by Georgia law, which the court evaluates in the context of the unique circumstances of your case.
These eight factors include considerations such as the standard of living established during the marriage, the duration of the marriage, the age and physical and emotional condition of both spouses, each party's financial resources and earning capacity, contributions to the marriage (including homemaking and child care), and the time necessary for the receiving spouse to gain sufficient education or training to find appropriate employment.
By carefully analyzing these factors alongside the individual facts and evidence you provide, the court arrives at a fair and equitable alimony amount tailored to your situation. Understanding how these factors apply in your case is crucial, and having experienced family law attorneys to guide you through this process can help ensure your interests are fully represented and protected. At Meriwether & Tharp, we are committed to advocating for you with a clear focus on achieving a positive resolution as efficiently as possible.
How is Alimony Determined in a Divorce? M&T Explains in This Video
Factors for Calculating Alimony
When determining the amount of alimony that should be paid (if any), the court will consider the following 8 factors. If you would like to read more about the factors in detail, click here.

Standard of Living

Duration of the Marriage

Physical & Emotional Condition of the Parties

Financial Resources of Each Party

Time Needed to Obtain Employment

Contribution to the Marriage

Financial Condition of the Parties

All Other Relevant Factors

Conduct of the Parties
In addition to the eight factors, the court will also consider the parties' "conduct" toward each other. Conduct goes beyond poor treatment of each other, conduct typically comes into play in the context of adultery and cheating. In certain circumstances, adultery can lead to a total bar of alimony. Proving adultery for the purposes of eliminating alimony payments can be difficult.
How Does Alimony Affect Taxes?
Alimony used to be treated as taxable income to the recipient and a deduction to the paying party. Prior to 2017, the paying party got a tax break when paying alimony, but receiving party would have to be careful to consider the additional tax liability with collecting alimony. The passage of the 2017 Tax Cuts and Jobs Act removed those tax implications.

Things to Consider Before Asking for Alimony
There are some very important considerations to mull over before deciding whether or not you should ask for alimony. Alimony is not always in your best interest, even if you are receiving it. Below are a few items you should consider before asking for alimony.
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How much do you need to live on per month?
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Are you planning on staying single and living alone for the time being?
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How stable is your job and financial situation?
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How much can your ex realistically afford to pay?
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Are you planning on getting remarried and moving in with someone soon?
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How stable is your ex's job and financial situation?