What is Alimony?
Alimony is a legal
obligation ordered by the court for one spouse to pay support and maintenance to
the other spouse while the parties are living separately. Alimony may be
ordered if a spouse is in need of economic support while the parties are still married and
the divorce is pending and/or as part of the final divorce decree. The Court
will weigh one party's "need" against the other party's "ability to pay," as
well as the length of the marriage, in order to determine whether alimony is
appropriate. Georgia law permits
alimony awards in order to ensure an appropriate stream of income for the party
whose economic hardship has resulted, to some degree, from the marriage.
Factors
Alimony is not awarded in every divorce, but the Court will
consider 8 factors when determining whether to grant alimony:
1) the parties' standard of living during the marriage, 2) the duration of the
marriage, 3) the physical and emotional condition of the parties, 4) the
financial resources of each party, 5) the time needed for each party to find
appropriate employment, 6) each party's contribution to the marriage, 7) the
financial condition of each party, and 8) all other relevant factors.
How Long Will You Pay Alimony?
Awards of alimony in Georgia can either be temporary or
permanent. Temporary alimony is awarded while the divorce action is pending, and permanent alimony is awarded when the parties' divorce is final. However, permanent alimony should not be considered as continuing throughout a person's life. Georgia courts will typically order permanent alimony
for a set number of years.
In
general, a longer marriage will result in a greater amount of alimony.
Nevertheless, alimony may end early when either spouse dies, the recipient
spouse remarries, or the recipient spouse cohabitates with a romantic partner.
Written by: Rebekah Ann James