Alimony 101: Understanding Spousal Support in Georgia Divorces

Alimony, or spousal support, can be an important part of many divorce settlements. The thought of alimony can be frightening for the spouse who earns more and is worried about paying for two households, while a nonworking spouse who has relied on their spouse to financially support their marital household may be frightened about how they will be able to support themselves after divorce. Understanding what factors influence the determination of alimony it can help spouses prepare to navigate this divorce issue.

Purpose of Alimony

Alimony is financial support generally paid by a greater earning spouse to a spouse who is not working or who earns much less than the other after a divorce. The purpose is to provide financial stability to the spouse who earns less, or who is not in the workplace, until such time as the lesser earning or nonworking spouse becomes self-supporting. Although alimony could be permanent, and historically there are instances of permanent alimony, more and more alimony is paid for a finite period of time, the length of which depends on the length and circumstances of the marriage, and sometimes the factors which led to divorce.

Types of Alimony in Georgia

Georgia law recognizes several types of alimony:

• Temporary Alimony: This is awarded on a temporary basis while the divorce is pending to help the lesser-earning spouse meet basic financial needs until the divorce is finalized by the court.

• Rehabilitative Alimony: This alimony is awarded for a specific period of time, so that the lesser earning or nonearning spouse has time to get back into the workplace, obtain job training or education, so that they may become self-sufficient. It may cover costs of education, training, or job search efforts in addition to living expenses.

• Permanent Alimony: Awarded where the lesser-earning spouse is unlikely to become self-sufficient due to age, illness or disability, or other factors. Permanent alimony continues until the recipient remarries or either spouse dies.

Factors Influencing Alimony Determinations

Several factors influence the alimony awards in Georgia:

• Duration of the Marriage: Longer marriages are more likely to result in alimony.

• Financial Resources: Financial resources and needs of each spouse are considered, including income or wages, assets, ability to work, earning capacity, and debts.

• Standard of Living: The standard of living during the marriage can be considered, but it is a fallacy that the judge will award alimony to keep a spouse in the standard of living to which he or she has become accustomed.  However, there may be a goal of allowing both spouses to maintain a similar standard after the divorce.

• Age and/or Health: The age, physical condition, emotional and mental health of each spouse can impact the amount and length of alimony.

• Contributions to the Marriage: Non-financial contributions, such as care giving to children and other family members, homemaking and household tasks are considered.

• Time Needed for Education or Job Training: If the lesser earning spouse needs education or training to become self-supporting, the length of time needed to achieve this is considered in setting the terms of alimony.

• Conduct During the Marriage: In Georgia, adultery that causes the breakup of the marriage and is unforgiven is a bar to alimony. However, engaging in marital relations after learning of an affair can be considered condonation, which would allow alimony to be awarded.

Calculating Alimony

There is no statutory formula for calculating alimony in Georgia. Judges have discretion and may consider the circumstances of each case. The goal is to achieve a fair and equitable outcome that supports the lower-earning spouse without imposing undue hardship on the paying spouse. There is always a risk for both spouses when asking the court to determine alimony.  Some judges are more liberal with alimony and other judges tend to not award alimony.

Modification of Alimony

Like child support, alimony orders can be modified when there is a change in circumstances. Reasons for modification may include:

• Changes in Income: Losing a job or reduction in pay, or even disability of the payor can be grounds for a modification of alimony.

• Remarriage: If the spouse receiving alimony remarries, alimony payments end.

• Health Issues: Major health problems affecting either spouse’s ability to be employed can prompt a modification.

Enforcement

Ways to enforce alimony include:

• Withholding from Income: Alimony payments can be deducted from the paying spouse’s paycheck before the payor receives the rest of their pay through an income deduction order.

• Contempt of Court: Not paying alimony as ordered can result in the paying spouse being held in contempt, leading to fines and/or jail time.

• Property Liens: Liens can be placed on the paying spouse’s assets to obtain alimony owed that has not been paid.

Conclusion

Understanding when alimony may be requested and ordered, and how it is likely to be calculated is essential for navigating divorce where one spouse is unable to support him or herself. Learning what to expect helps spouses better prepare for negotiations and ensuring a fair outcome. Having knowledgeable counsel help explain what is likely is critical for a positive outcome for both spouses.