Johns Creek Alimony Lawyers

One major question that our clients have for our Alimony lawyers is, "will I have to pay alimony?" or "will I be able to request alimony?" In Johns Creek, and throughout the state of Georgia, alimony is based on a "need vs. ability to pay" analysis (more on that below). If the requesting party can demonstrate a need for alimony or support and it can be shown that the paying party has the financial ability to pay, then alimony could be awarded. The court will also consider the duration of the marriage to determine if alimony is necessary. Did you know that even if alimony is warranted and necessary, it may not be awarded at all if it can be shown that the requesting spouse cheated or committed adultery? Adultery or bad conduct could have an effect on any potential alimony award as long as the adultery can be proven with evidence. If you think you might need help requesting alimony or fighting against alimony, please do not hesitate to give our Johns Creek alimony lawyers a call at (678) 527-5180.

How is alimony determined in Johns Creek and throughout Georgia? What determines whether someone gets alimony or whether they pay alimony? Alimony is calculated using a "need vs. ability to pay" analysis. This analysis essentially takes the party requesting alimony and weighs out their "need" for alimony/financial support and balances that against the paying party's "ability to pay". The court will consider 8 factors when going through this analysis. When calculating "need" the court will look to factors relating to standard of living, financial condition & resources, along with time needed to obtain employment. When calculating "ability to pay" the court will similarly look to financial condition, financial resources, standard of living and other relevant factors. The duration of the marriage (the length of the marriage) is often considered to determine if alimony is necessary in a particular case. If the marriage was short for example, 1 year or less, then alimony is likely not warranted. If the marriage was long in duration for example, 30 years, then alimony is much more likely to be ordered.

Bad conduct during the marriage like adultery or cheating could absolutely affect whether or not an alimony award is granted in Johns Creek and throughout Georgia. For adultery or cheating to reduce alimony or eliminate it entirely, certain conditions must be met. A spouse that cheated will not be entitled to alimony if it can be established that the separation/divorce of the parties was caused by that spouse's adultery. To meet this condition, you must have evidence that proves by a preponderance of the evidence that the cheating spouse did in fact commit adultery.