Among the four parts of Georgia divorce, which include equitable division, alimony, child custody, and child support, alimony is probably the most popular subject by far. Although alimony is oft discussed, it is also likely the most misunderstood component of Georgia divorce.
The misconceptions regarding alimony include, among others, that alimony cannot be awarded to men, that alimony is a lifetime award in all cases, and that alimony cannot be terminated once awarded. Another very popular misconception about alimony is that the length of the marriage dictates the award of alimony. Put plainly, many believe that less alimony will be awarded for shorter marriages and more alimony will be awarded upon the dissolution of longer marriages. Although the length of marriage is one of the factors that Georgia courts use to determine the amount and duration of alimony, if alimony is awarded at all, this is only one of several factors. According to Georgia law:
“The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and proper.”
O.C.G.A. § 19-6-5. As indicated by the above cited statutory law, in addition to the length of marriage, there are 7 other factors that a court is required to consider in determining the award of alimony. Thus, even in the case of a relatively short marriage, the presiding court may make a large award of alimony.
This contention is made clear in the case of Sprouse v. Sprouse, 285 Ga. 468 (2009). In this case, decided by the Georgia Supreme Court in 2009, the Supreme Court upheld a grant of 13 years of alimony, based on a marriage that lasted only two years. Although such an award for a marriage of only two years is extremely rare, at trial, the trial judge determined that since the total length of the couple’s relationship was 13 years, including time they were together prior to getting married, the court considered the award of alimony appropriated. The Supreme Court agreed.
This case is a prime example of why seeking the guidance and advice of a team of divorce professionals is necessary for anyone seeking to begin the divorce process in Georgia. Georgia family law is one of the most complex and fact driven areas of law, so only experienced Atlanta divorce attorneys, familiar with Georgia divorce law and tendencies of local judges, can accurately anticipate and prepare for how a court may rule.