Alimony, also referred to as spousal maintenance or spousal support, is not an absolute right in Georgia but can be agreed to by the parties or awarded under certain circumstances. Alimony can be rehabilitative, permanent, or lump sum. Also, it can be awarded on a temporary basis during a case. There can be tax ramifications regarding alimony, and therefore the way it is structured is of critical importance to avoid unintended consequences, which is why a Alimony Attorney in Atlanta is important to consult with.
While Georgia has child support guidelines and child support calculators, the State of Georgia does not have alimony guidelines or alimony calculators. Rather there, are factors that the judge or jury shall consider.
According to O.C.G.A. §19-6-5, the finder of fact shall consider the following factors when determining the amount of alimony, if any, to be awarded:
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The financial resources of each party;
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
- 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;
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and,
- Such other relevant factors as the court deems equitable and proper.
As one can see, the predictability of the amount of alimony and the duration of alimony is not easily determined. Different judges and juries in different counties may give drastically varying awards.
However, experienced attorneys in family law such as our firm’s lawyers can help you determine what appropriate amount of alimony, if any, is a likely result given the variables and particular circumstances of your case.