There are a number of reasons for the award of post-divorce spousal support, which is often referred to as “separate maintenance”, or “alimony”. There are no state requirements for alimony spousal support awards, unlike child support, or divorce. Basically, it is intended to take spouses’, either male or female, contributions into account, who have supported the careers of their working spouses, or that have cared for the children.
Alimony In Georgia
Alimony is not a right in Georgia, but in certain situations it can be appropriate, and after a divorce settlement awarded in one lump sum, or over a period of time. Courts will consider a number of different issues to determine one’s eligibility, including each spouses assets, income, and needs. In those situations where during the marriage both spouses worked and can support themselves, alimony is generally not available
In those instances when the spouse receiving payments has the alimony considered taxable income, the spouse making the payments can take the alimony paid as a tax deduction.
Whether you are opposing alimony in your divorce or seeking it, you can get all the assistance you need from a family law attorney at Hines Law. You can fill out a form online, or call The Law Offices of Matthew C. Hines at (770) 941-0913.
Determining Spousal Support
Courts consider a variety of criteria, when determining whether alimony should be awarded including:
- How long the marriage lasted
- The standard of living that the couple enjoyed
- The earning potential of each spouse
- The assets and income of each spouse, retirement accounts included
- The age of each spouse at the end of the divorce
- How long it would take for the non-working spouse to retrain
- How well the couple treated each other
Alimony Spousal Support Awards
When alimony spousal support is awarded in the state of Georgia, in one of four ways it is structured:
- Permanent alimony is awarded commonly to those spouses who due to disability or illness are unable to work, or to those spouses involved in a marriage long term. It continues typically until remarriage or death.
- Rehabilitative alimony is fashioned to assist a spouse that is a non-working one to train and gain job skills, if necessary, in a new field. This alimony will terminate either when specific goals are met, or at a specified time set.
- Lump-sum alimony provides a non-modifiable lump sum amount one-time.
- As attorney fees, so that during the court proceedings the playing field between the spouses is evened, and one does not have any advantage over the other one.
Ultimately, it can be somewhat complex whether or not in your divorce, alimony spousal support will be awarded. Your situation can be evaluated by family law attorney, Matthew C. Hines, and he can consider all factors and tell you whether or not an award is likely, and if so, how much it might be. He will also make certain you have and grasp the information you will need to help make all strategic, important decisions. If a decision has already been rendered by the court, he can assist you in understanding the process of appeals.
For more information on alimony spousal support, please call our firm today at 770-941-0913.