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Georgia Alimony Factors – Duration of Marriage

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Under Georgia law, alimony may be awarded in a divorce action "to either party in accordance with the needs of the party and the ability of the other party to pay," taking in account "the conduct of each party toward the other." OCGA §19-6-1(c). There are eight factors that must be considered in determining the amount of alimony, if any, to be awarded. OCGA §19-6-5(a).

The second factor to be considered is "[t]he duration of the marriage." OCGA §19-6-5(a)(2). In general, if alimony is awarded, the longer the marriage, the longer a spouse will pay alimony. Though the judge will take all of the factors into consideration, a twenty-year marriage is more likely to result in an alimony award than a 5-year marriage. However, it is important to keep in mind that if there is neither a need for the alimony on the part of one party nor the ability to pay by the other party, even the demise of a 30-year marriage may result in no alimony.


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