How Long Does Alimony Last?
In Georgia, alimony
rarely continues for the remainder of a person's life. If the court determines a
case is appropriate for alimony to be awarded, the court will typically order
that periodic payments of alimony be paid over a set period of time.
Alimony payments
are typically made monthly for a set number of years. This is called Periodic Alimony
and is the most common and well-known form of alimony.
Because each case
has unique or different facts, alimony is determined on a case-by-case basis. However,
it is a general rule that a longer marriage is more likely to result in a longer
period of alimony payments. In comparison, a short marriage may necessitate fewer
alimony payments or none at all.
Alimony may occasionally
be awarded in the form of a Lump Sum Alimony payment. The lump sum of alimony
may come from a banking or retirement account(s) or from the equity in the
marital home. However, unlike Periodic Alimony, Lump Sum Alimony is not subject
to modification or termination.
Alimony May Terminate Early
Despite a Court Order,
an alimony obligation can terminate early in the case of remarriage, cohabitation,
or the death of either spouse. Generally, if the spouse receiving alimony
remarries during the time period they are entitled to receive alimony, the paying
spouse is no longer required to pay alimony.
Similarly, alimony
can end early if the spouse receiving alimony cohabitates with a romantic
partner. This rule is commonly referred to as the 'live in lover law.'
Alimony payments
are person-specific. Therefore, if either spouse dies, the alimony obligation ends.
Can I Modify Alimony?
Alimony may be modified following the Final Divorce Order if: 1) there has been a change in the income and financial status of either former spouse OR 2) if the receiving spouse is voluntarily cohabiting with a third party of the opposite sex in a sexual or romantic relationship.
Contact us today if
you feel an Alimony Modification may be appropriate for your case.
Written by: Rebekah
Ann James