Alimony in Georgia
Alimony in Georgia is not regulated by any specific rule or regulation. The court in equity will determine the amount and length of alimony. This means that the court will consider all of the financial needs and abilities of the parties and make a determination of what is the need of the requesting party, what is the ability to pay of the other party, and for how long this alimony should be paid. Very rarely do courts award the traditional lifetime or permanent alimony many people fear or expect based on the past history of the courts and the issues of alimony. Today the issue of spousal support is usually dealt with on a temporary or transitional basis and limited to a certain period of time. Alimony sits alongside property division in a Georgia divorce, and the two are decided together.
Factors Determining Alimony
The most significant factor when determining the award of any spousal support is the length of the marriage. If you were married for a short time your chances of receiving alimony significantly decrease based on the years of the marriage. A marriage of three years or less is rarely awarded alimony, a marriage of ten years or less may be awarded alimony but the amount will be reduced and the period of alimony is usually about a third of the length of the marriage. This is not a set rule but most courts tend to award approximately one third the length of the marriage when determining how long alimony should last.
However, if the requesting spouse has employment, making an argument based on need is substantially reduced. The court looks at the needs of the requesting spouse and weighs those needs against the ability of the other spouse to pay. So, if you are each making $50,000.00 per year, or somewhat equal income, then it is unlikely alimony will be awarded. If the requesting spouse is making $50,000.00 per year and the paying spouse is making $180,000.00 per year then there may be alimony. Courts weigh alimony against any child support obligation already in place. Another factor to consider is fault grounds in divorce and how they affect alimony. Under O.C.G.A. 19-6-1(b), a spouse whose adultery caused the separation is not entitled to alimony in Georgia.
Rarely do the courts grant permanent or long-term spousal support, and this is usually reserved for special circumstances. If there is a long-term marriage and the requesting spouse has been dependent on the other spouse for support for these years, the court will grant permanent alimony and not abandon the requesting spouse to the retirement years without income or employment. However, the court will consider the requesting spouse’s receipt of pensions and/or other retirement assets.
Other considerations will include disabilities or serious medical conditions for which the requesting spouse needs financial support. The court will not abandon this spouse’s financial needs; however, the court will still consider the ability of the other spouse to pay.
Is Your Ex Not Paying Court-Ordered Alimony?
If your former spouse stops paying, the remedy is a contempt action in the court that issued the order. How to fight the matter legally is complicated, and it’s always in your best interest to find an attorney who’s experienced in divorce law.
Can I Avoid Having To Pay Spousal Support?
The best way to protect yourself from future alimony payments is to sign a prenuptial agreement (premarital agreement). A prenuptial agreement can set limits on alimony before the marriage begins. The agreements contain provisions that address how long alimony payments will last, how payments are made (i.e., automatic or checks), and how much the typical payment will be. Prenuptial agreements can even address specific scenarios depending on the circumstances. The best way to determine your options is to call an attorney.
Modifying Alimony in Georgia
Certain alimony can be modified in Georgia, and all alimony will be modified if the receiving spouse dies or remarries. If the receiving spouse cohabitates with another and shares the burden of the living expenses, modification may be possible as the need is reduced. Loss of income by the paying spouse will also be grounds for a modification. If the receiving spouse finds adequate employment, transitional alimony may be modified.
Alimony in Georgia has many abstract arguments as well as concrete issues that the court must consider when determining the amount and length of alimony, and the advice and representation of a local attorney is necessary when making these arguments. If you live in the Atlanta area, feel free to contact our law firm. Every alimony matter at this firm is quoted on a flat fee basis. Request a consultation with our Marietta office.
Frequently Asked Questions
Georgia has no alimony calculator. Under O.C.G.A. 19-6-5, a judge weighs the standard of living during the marriage, how long the marriage lasted, each spouse’s age and physical and emotional condition, financial resources, the time one spouse needs for education or training, contributions to the marriage including homemaking and child care, and the financial condition of both parties. In Cobb County Superior Court, need and ability to pay drive most outcomes.
There is no fixed formula, but courts commonly award support for roughly one third of the length of the marriage. Short marriages rarely produce an award. Long marriages where one spouse was financially dependent are the cases most likely to produce longer or permanent support.
Yes. Under O.C.G.A. 19-6-1(b), a spouse is not entitled to alimony if the separation was caused by that spouse’s adultery or desertion. The conduct must actually be the cause of the separation and it has to be proven, not merely alleged.
Yes. O.C.G.A. 19-6-19 allows a petition to revise a periodic alimony award when either party’s income and financial status changes substantially. Loss of employment by the paying spouse and a significant income increase for the receiving spouse are the two most common grounds.
Remarriage of the recipient ends periodic alimony unless the decree says otherwise, and all alimony obligations end on the death of either party. Cohabitation is handled separately under O.C.G.A. 19-6-19(b), often called the live-in lover statute, which lets a court modify or end support when the recipient is living in a continuing relationship with a third party.
File a contempt action in the same court that issued the order. That court keeps jurisdiction to enforce its own judgment. A judge can order payment, add attorney fees, and in willful cases order incarceration until a purge amount is paid.
Usually not. When incomes are roughly equal, the need argument largely disappears. A meaningful gap between incomes is what opens the door, and the court will still measure that gap against child support and any other benefits already flowing between the parties.
For divorce decrees entered after December 31, 2018, alimony is not deductible by the payer and not counted as income by the recipient under federal law. Orders finalized before that date generally keep the older tax treatment. Confirm your situation with a tax professional.
