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Who Gets Alimony in a Divorce?

Publish Date: 10/31/2022

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

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