ALIMONY GENERALLY
In the state of Georgia, alimony is awarded as a means of support for a party after the parties have separated. Alimony may be awarded temporarily, permanently, or in a lump sum payment.
Pursuant to O.C.G.A. § 19-6-1,
“(a) Alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d) Should either party die prior to the court’s order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party’s estate except in the course of ordinary business affairs and except for bona fide transfers for value.” O.C.G.A. § 19-6-1(a)-(e).
FACTORS IN DETERMINING ALIMONY
Although alimony may be awarded in a divorce action, alimony is not guaranteed. In making a determination as to permanent alimony, pursuant to O.C.G.A. § 19-6-5(a), a court is required to consider the following factors:
“(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and proper.”
In the event alimony is set by a court, “[a]ll obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.” O.C.G.A. § 19-6-5(b).
DIVORCE PROCESS GENERALLY
The divorce process encompasses multiple different aspects, depending on the issues involved, and can involve any of, but is not limited to, the following:
1. Equitable Division of Property
2. Custody
3. Visitation
4. Child Support
Going through a divorce involves the most intimate details of your life, ranging from your children, your finances, and your personal relationship. At a time when you may feel most vulnerable or pressured, you need an attorney you trust to handle the aspects of your divorce, ranging from property division, custody and visitation arrangements, child support, alimony, debt division, and every other facet of the divorce process.
The Sellers Law Firm, LLC, handles cases throughout Georgia to meet your needs. Whether you’re considering going through the divorce process or whether you’ve been served with a divorce action and you do not know where to turn, give us a call at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.
You may also submit a case evaluation request online HERE.
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