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Alimony

Georgia law provides for alimony (also known as spousal support) in certain divorce cases, depending on how long the parties were married, how much money each party make and the earning ability of each party.

Under Georgia law, alimony is awarded based on the particular financial needs of either spouse. Historically alimony has been awarded to women, but in reality it isn't based on gender. If the husband has demonstrated financial need and can't earn income, there's a possibility for him to be awarded alimony in Georgia.

State law provides for both temporary and permanent alimony. Temporary alimony is ususally awarded to provide financial stability to the spouse that is dependent on the other during a divorce. Permanent alimony is usually incorporated into the final divorce decree. The method amount, method of payment (lump sum, periodically, or a combination of both) is also set in the final decree.

Numerous factors are used to determine alimony payments including the standard of living each spouse had during marriage, how long the marriage lasted, the physical and emotional condition of each spouse, other financial resources the parties might have, and more.

Alimony typically ends if the spouse receiving alimony remarries. Alimony can be modifiedby petitioning the court should either party show a positive or negative change in circumstances.

According to Georgia law, when spouses cannot agree on an amount, the courts consider the:

  • participation each party had to the marital estate;
  • duration of the marriage;
  • future earning capacity and financial resources of each party;
  • age and medical condition of each party;
  • future earning capacity of each party;
  • value of each party's separate property;
  • standard of living sustained during the marriage; and
  • rehabilitative time one party may need to gain employment.