Spousal Support Laws in Georgia

How Financial Support is Awarded in Georgia

This article provides an overview of Georgia’s spousal support laws, including the types of alimony available, the factors courts consider in awarding spousal support, and options for modifying or terminating payments. Additionally, it covers the role of legal services in navigating spousal support cases in Georgia, as having legal representation can be crucial for protecting one’s rights and securing a fair outcome.

What Does Spousal Support Do?

In Georgia, spousal support (aka alimony) is a somewhat complex aspect of divorce law. Spousal support is intended to provide financial assistance to a lower-earning or non-earning spouse following the dissolution of a marriage, ensuring that they can maintain a standard of living that is not drastically different from what they had during the marriage. However, determining eligibility for spousal support, calculating the amount, and setting the duration of support payments involves a careful review of many factors.

Types of Spousal Support in Georgia

Georgia’s spousal support laws outline several types of alimony that may be awarded during or after a divorce. These include:

Temporary Spousal Support (Pendente Lite): This type of alimony is awarded during the divorce process to ensure that the lower-earning spouse has financial support until a final divorce decree is issued. Temporary alimony helps cover living expenses and other financial obligations that may be difficult for one party to meet alone during separation.

Permanent Spousal Support: Although less common today, permanent alimony may be awarded in cases where the marriage was particularly long, and one spouse is unable to support themselves due to age, disability, or other significant limitations. However, “permanent” does not necessarily mean indefinite, as circumstances can still change, which could lead to modification.

Rehabilitative Spousal Support: This type of alimony is granted to allow the receiving spouse to acquire the skills, education, or training necessary to become self-sufficient. Rehabilitative alimony is typically awarded for a specific duration and is contingent on the recipient’s progress in achieving financial independence.

Lump-Sum Spousal Support: Instead of periodic payments, a court may order a single, one-time payment to satisfy the financial obligations from one spouse to the other. Lump-sum alimony may be preferable in cases where a clean break is desired, and it can offer both parties a degree of financial certainty.

Factors Considered in Determining Support in Georgia

The court considers several factors in determining whether alimony is appropriate, the amount to be paid, and the duration of payments. In Georgia, some key factors for spousal support include:

Length of the Marriage: In general, longer marriages are more likely to result in spousal support awards. Courts may be hesitant to grant long-term spousal support for marriages of short duration unless there are exceptional circumstances.

Standard of Living: The standard of living established during the marriage is a factor, as alimony is often intended to prevent a sudden and drastic decline in lifestyle for a spouse who may be financially disadvantaged.

Age and Health of Both Parties: The physical condition and age of each spouse can influence alimony decisions, as health issues or advanced age can affect earning potential and the ability to achieve financial independence.

Financial Resources and Earning Capacity: Courts examine the earning capacity, income, assets, and liabilities of each spouse. If one spouse has limited earning potential or fewer financial resources, they may be awarded support to bridge the gap.

Contributions to the Marriage: Contributions by one spouse to the education or career advancement of the other may be considered. For instance, if one spouse supported the family while the other pursued higher education or career training, the court may take this into account.

Fault or Misconduct: Georgia is a modified no-fault divorce state, which means that certain types of misconduct, such as adultery or abandonment, can automatically disqualify a person from receiving spousal support, especially if adultery is cited as the gorunds for the divorce. On a side note, adultery can also negatively affect child custody and equitable distribution decisions.

Modifying Spousal Support Payments

Alimony can be modified by filing a petition with the court showing a change in income and financial circumstances of either party. A party can file to reduce payments if their financial situation has worsened or their former spouse’s financial circumstance has improved. Conversely, a party may seek an upward increase in the reverse situation. A petition to modify alimony may only be brought after two years have passed since any previous petition for modification.

Ending Support Payments

Alimony payments may end earlier than defined in the order or settlement agreement due to unexpected circumstances. Examples of such circumstances are, death of either spouse, remarriage of the spouse receiving alimony, or cohabitation of receiving spouse in romantic relationship. Rehabilitative support can be challenged if the receiving spouse experiences a windfall income such as significant lottery winnings, inheritance, or similar event.

Awarding spousal support can be a bit complex. Because the court weighs various factors and the specific circumstances of the case no two settlements are necessarily the same. The divorce court judge has considerable discretion in determining whether spousal support should be awarded and, if so, in what amount.

If you’re soon to file for divorce, you should contact an experienced divorce lawyer. Let a lawyer help you to position yourself to make the most of spousal support laws in Georgia. Call our law firm at 770-956-1400.

CREDITS and FOOTNOTES

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