Alimony in Georgia is not automatic. Courts have broad discretion in deciding whether to award alimony and, if so, how much and for how long. Understanding the factors that influence these decisions can help you know what to expect.
The Standard of Living During the Marriage
One of the primary considerations is the standard of living established during the marriage. Courts aim to allow both parties to maintain a reasonably comparable lifestyle after the divorce, to the extent that is practical.
Duration of the Marriage
Longer marriages are more likely to result in alimony awards. A marriage lasting twenty years carries significantly different expectations than one lasting three years.
Financial Resources of Each Spouse
Courts look at the income, earning capacity, and financial resources available to each party. This includes employment income, investment income, and separate property.
Contributions to the Marriage
Both financial and non-financial contributions matter. A spouse who stayed home to raise children or who supported the other spouse’s career or education made contributions that courts will consider.
Age and Health
The age and physical condition of each spouse can affect both the need for alimony and the ability to pay it. A spouse with health issues that limit their earning capacity may have a stronger case for support.
Conduct of the Parties
In Georgia, adultery or other marital misconduct can affect alimony. A spouse who committed adultery during the marriage may be barred from receiving alimony in certain circumstances.
What to Expect
Every case is different. The weight given to each factor depends on the specific circumstances of your marriage and divorce. An attorney experienced in Georgia family law can help you understand how these factors are likely to apply in your situation.