Define Alimony
Alimony is spousal
support paid to a spouse who is in need of economic support. When determining whether to award alimony, the court considers the need of one spouse and the other spouse's ability to pay.
Factors
The court looks at a number of statutory factors when determining whether to award alimony. These factors are written in the law by the Georgia legislature.
Standard of Living
The court will
consider the standard of living the parties enjoyed while they were married and
each party's ability to maintain a similar standard of living upon divorce.
Duration of the Marriage
While alimony is
not awarded in every divorce case, it is common that a longer marriage will
lead to a greater amount or longer duration of alimony.
Time Necessary to Acquire Education or Training for Employment
This factor is
common where a spouse has stayed home from work in order to maintain the home
or raise children. If appropriate, the court may award alimony for a period of
time so the spouse may acquire skills necessary to obtain employment. The idea is
that, once a spouse has training or education, he/she should be able to support
himself/herself without alimony.
Contribution of Each Party to the Marriage
This factor is also
common where a spouse may have quit work to keep house and/or raise children. When
spouses agree that it is best for their family for one spouse to quit work,
that individual's non-economic contributions to the marriage should be
considered when determining whether alimony is appropriate.
Age, Physical, Emotional, and Financial Condition of the Parties
When determining
whether to award alimony, the court must consider the unique age, physical, emotional, and financial situation each
party will be in after the divorce. A party with greater assets has less need for
alimony, and a party with abundant assets has a greater ability to pay alimony. It is unusual for alimony to continue indefinitely throughout a person's life. Instead, the court will likely consider the amount and duration of alimony a spouse will need in order to become self-sufficient.
Written by: Rebekah
Ann James