Divorce Alimony in Georgia

Divorce Papers > Divorce Alimony > Divorce Alimony in Georgia

In a marital bond, two separate individuals create a life together and are supposed to share an equal financial and social status. However, divorce disintegrates this union by a legal procedure. There are many related issues which are directly connected to the termination of marriage. These all matters are handled by the state laws and regulations. Divorce Alimony in Georgia is one of such issues.

Georgia law did not have any provision for spousal maintenance till 1980. Afterwards, the laws were amended in 1980 which mentioned this aspect. Over the years, many provisions have been added to this set of statues which describe the regulations in detail.

As per the state law, married individuals bear a financial responsibility towards one another. This duty persists till the final Decree of Divorce is given. Just because the couple has separated, this responsibility does not vanish. This state differs from the other states in the US in the following ways.

• Spousal support is not treated in an obligatory manner in this state.
• The spousal assistance in this state is authorized only in limited cases.

Factors considered in Divorce Alimony in Georgia

Usually, the partners are supposed to accede on the terms and conditions of the spousal support payment. They may submit this agreement in the court to get it approved. But, if spouses cannot come to a conclusion regarding this matter, the court finalizes the amount and type of maintenance. It takes into account the following-

• The circumstances of the parties like fixed liabilities, earning capacity and separate estates.
• The contributions of both spouses to the marriage, like
  • Career development of the other spouse
  • Education
  • Child care
  • Homemaking
  • Professional training
• The number of months or years that are necessary for either spouse to attain enough education and training to become employed in a satisfactory manner.
• The financial sources of both spouses.
• The emotional and physical conditions and age of both spouses.
• The period of marital life. It is held that longer the period, higher will be the obligated amount.
• The standard of living enjoyed by both partners during the marriage.
• The property division: share of each partner in the marital assets and value of separate property.
• Whether a partner is a custodial parent and is unable to search a job due to duties towards the children.

Unlike some other states, the laws in this state will not grant maintenance to a spouse who has been responsible for committing adultery or any kind of marital fault for breaking a marriage.

Types of Divorce Alimony in Georgia

Permanent Alimony

• It is generally granted when the recipient has a mental or physical illness or due to age is unable to work
• It continues possibly till the demise of the recipient
• It will be granted in a case where a couple is married for the period of twenty years or more than that.

Rehabilitative Alimony

• It is generally granted to the spouse who had played the role of a homemaker or was involved in raising children in marital life. Due to this involvement, the spouse could not find time to develop skills for a gainful and productive employment.
• The intention of giving this money is that such homemaker partners should attend school and attain current skills to compete in the job market.
• It is basically a short term remedy to assist the recipient to become self sufficient.

Points regarding Alimony in Georgia

• The court reviews the "Domestic Relations Financial Affidavit" before taking any decision. By doing this the court balances the expenditure and income of both parties.
• If desertion by a spouse has led to the dissolution of the marriage, then support is not granted to such a spouse.
• Any spouse can request that a temporary hearing be held during which the issue can be resolved and which would be applicable till the final resolution.
• Modification in the court orders is possible if the spouse seeking such alteration proves that previous circumstances have changed and review of order is essential.
• If a spouse receiving monitory support remarries or starts a live-in relation with other person, the order will get terminated from the date of such occurrence.

The spouses who are not well-versed with the family laws may find difficulties while handling this issue on their own. Therefore, it is advisable to take assistance of lawyers or experts while making an appeal for alimony in Georgia.

Divorce Papers