logo logo

770-609-1247 | Alimony / Spousal Support Lawyers and Attorneys

Divorce Family Bankruptcy Business Estates Wills Trusts Immigration Lawyers Attorneys Georgia

Coleman Legal Group, LLC
Phone: 770-609-1247

Alimony (also referred to as Spousal Support) can be awarded as part of a Georgia Divorce. Georgia law defines alimony as “an allowance out of one party’s estate made for the support of the other party when living separately”. See O.C.G.A. § 19-6-1(a).

Under Georgia law, the court can award Permanent Alimony, Temporary Alimony or Rehabilitative Alimony. The difference between temporary and permanent alimony depends on whether the divorce is final. Rehabilitative alimony can be awarded for any period of time that is not based on the life of the person receiving the alimony.

Permanent Alimony: This is alimony that is awarded for the life of either the wife or husband – or for an extended period of time. It terminates at the death of either spouse. Permanent alimony is only awarded in the case of long marriages. Remarriage or cohabitation of the spouse receiving the alimony can be grounds to terminate the alimony. It is important to note that permanent alimony does not necessarily mean that the one of the parties is required to pay alimony to his or her spouse for the remainder of his or her life.

Temporary Alimony: Temporary alimony is awarded “when an action for divorce or permanent alimony is pending”. For one of the parties to receive temporary alimony, the parties must have a hearing in front of a Judge. See O.C.G.A. § 19-6-3(a). Temporary alimony is intended to provide support of one of the parties until a final judgment is reached by the Court or until further order by the Court.

Rehabilitative Alimony: Rehabilitative alimony when awarded grants payments made by one spouse to another for a limited period of time. Rehabilitative alimony is designed to allow the person receiving money to prepare to become financially self-sufficient. During this time, the person receiving alimony is expected to look for full time employment and/or receive and education that would lead to full time employment.

When the court grants alimony, there are several factors that are used to determine whether to award alimony, the amount to award and the duration of the alimony payments. These factors include, but are not limited to:

Adultery: If one of the parties has committed adultery or has abandoned their spouse during his or her marriage, then the judge most likely will not grant alimony in a case. See O.C.G.A. § 19-6-1(b).

Needs: The Court will take into account the financial needs of the parties.

Ability to Pay: The Court will consider the ability of one of the parties to pay alimony to the other party according. See O.C.G.A. § 19-6-1(c).

Income: If the parties make approximately the same amount of money per year, the Court will not usually award alimony to either of the parties in a divorce.

Duration of Marriage: The length of time the parties were married is very relevant in any request for alimony.

Standard of Living: The standard of living for the parties during the marriage and at the time leading up to the divorce is very relevant in request for alimony.

Physical Condition: The age, physical health, and emotional health of both parties.

Education: The education level of the parties and/or how much time is needed for a person seeking alimony to receive the training or education necessary to re-enter the workforce

Contribution to Marriage: How much each partner contributed to the marriage in terms of childcare, housekeeping and other related family and home life duties.

Once a Judge has heard all of the evidence, it is under his or her discretion whether to award alimony in a case.  It important to understand, just because the parties are getting divorced does not automatically mean that the Court will award alimony to one of the parties in the case.

Alimony, like all other divorce issues, can be resolved as a part of an uncontested case. If the parties are in agreement regarding alimony, the parties would both sign as part of a divorce agreement the terms setting out the terms of the divorce and alimony. The agreement is then submitted to the Court. Assuming that both parties signed the agreement without pressure and the terms proposed are not unjust, the Court will likely approve this petition for divorce and the provisions concerning alimony.

If you are facing a divorce, custody battle or just need some great family law / divorce advice – call us at Coleman Legal Group, LLC. You will be able to speak directly with an attorney and schedule a consultation if needed.

Modification Alimony: Alimony can generally be modified, unless the modification is waived in an uncontested divorce agreement.  Situations that may give rise to a modification of alimony, usually by the payor, include but are not limited to:  reduced income, remarriage of the other spouse, changed financial circumstances, change in the payer’s family size (i.e. – remarried and new children are born), cohabitation of the other spouse with a paramour.

If you have any questions concerning alimony, call us today at 770-609-1247 and ask to speak with one our experienced and caring divorce and family law attorneys.

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)

captcha

Input the code above.

I have read the Disclaimer

Main Office, Alpharetta, Georgia:  5755 North Point Parkway, Suite 52, Alpharetta, GA 30022

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Privacy Policy | Site Map

 

Divorce and Eligibility for Social Security Benefits

Posted by on Apr 20, 2017 in Divorce | 0 comments

Divorce and Eligibility for Social Security Benefits

If you are in the process of obtaining a divorce, then you may be wondering if you will be eligible to receive Social Security benefits. Even though women today are sole breadwinners for the family, women generally are seen to earn less income than men. Due to the economic disparities between husband and wife, husbands often receive higher social security benefits than wives do. But how does this play out in an event of divorce? Does Social Security Benefits count as a marital asset? You may be asking all these questions to yourself....

read more

Prenuptial Agreements: Making Divorce Easier

Posted by on Aug 31, 2016 in Divorce | 0 comments

Prenuptial Agreements: Making Divorce Easier

Most people that have been through a difficult divorce will recommend a prenuptial agreement (also referred to as a premarital agreement). No one gets married planning for it to end in divorce; but sometimes even the happiest marriages in the beginning do not always last. Getting married, but concerned about your future after the marriage? Uncertainty about divorce, alimony, assets and debts can be avoided by having a Prenuptial Agreement is in place before the marriage. What Is a Prenuptial Agreement? A Prenuptial Agreement is a contractual...

read more

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

Posted by on Jan 7, 2016 in Bankruptcy, Divorce, Family Law | 0 comments

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

How Will My Spouse’s Bankruptcy Affect My Divorce? If your spouse files for bankruptcy in the middle of your divorce case, then your divorce case is usually “stayed” or temporarily stopped by the bankruptcy court. The bankruptcy court does this because the assets and joint marital property then become part of the bankruptcy proceeding. This means that once a bankruptcy is filed it will temporarily prevent the property from being divided during the divorce. Therefore the bankruptcy will stop all collection activities and the disposition...

read more

Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

read more

Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

read more

Pets and Divorce in Georgia

Posted by on Aug 28, 2015 in Divorce | 0 comments

Pets and Divorce in Georgia

Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...

read more

What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

read more

Georgia Same-Sex Divorce Issues

Posted by on Jul 24, 2015 in Divorce | 0 comments

Georgia Same-Sex Divorce Issues

With the recent decision by the Supreme Court legalizing marriage between same-sex couples in Georgia and throughout the county, there will most likely same-sex divorces in Georgia the near future.  Divorces between same sex couples were not highly common.  One of the reasons being because not many state recognized their marriage in the first place, meaning that unless they were in the state they were married in and even then that state might have residency requirements and other requirements.  So unless the couple was willing to meet all the...

read more

Divorce Advice for Spouses of Professionals and Business Owners

Posted by on Jun 16, 2015 in Divorce | 0 comments

Divorce Advice for Spouses of Professionals and Business Owners

Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more
bottom