Following a divorce in Georgia, a financially-advantaged spouse may be required to pay spousal support (alimony) to their former partner. Spousal support is always granted on a case-by-case basis. It is not required in every divorce case. Quite the contrary, spousal support is only awarded in a minority of divorces in Georgia. At Meriwether & Tharp, LLC, our Georgia alimony attorneys have extensive experience handling spousal support cases.
What is Spousal Support?
Spousal support is also referred to as alimony or spousal maintenance. In Georgia, it is a court-ordered financial obligation imposed on one spouse for the support and maintenance of the other following separation or divorce. The key statute in our state for spousal support is O.C.G.A. § 19-6-1. To be clear, the award of support is by no means automatic after a divorce. A trial court has broad discretion to award or deny alimony based on the specific facts of the case.
The core purpose of spousal support is fairness. Georgia law recognizes that marriage creates economic interdependence. When that relationship ends, alimony may be necessary in order to address a disparity in income or earning capacity. Indeed, the purpose is not to punish either party. Instead, the purpose of alimony is to provide financial support where one spouse lacks sufficient resources to meet reasonable needs.
An Overview of Alimony Laws in Georgia
Types of Alimony
Spousal support is not "one thing" in our state. Quite the contrary, there are distinct types of alimony that each have their own standards and purposes. In Georgia, the following types of spousal support may potentially be awarded as a matter of state law:
Temporary Alimony: Temporary alimony is awarded during the pendency of the divorce action under Georgia law. It is designed to preserve the financial status quo while litigation is ongoing. Courts may also award attorney's fees at this stage to ensure both parties can adequately present their case.
Periodic Alimony: Periodic alimony involves ongoing payments at regular intervals, typically monthly. It is the most common form of post-divorce support. Payments may continue for a fixed term or even indefinitely. They are subject to a modification based on a material and substantial change in circumstances.
Lump Sum Alimony: Lump sum alimony is a fixed financial obligation, either paid in a single payment or in installments of a defined total amount. It is not subject to modification. Courts often use lump sum alimony in cases where finality is important or where property division and support are so closely intertwined that they cannot be separated.
Rehabilitative Alimony: Although not formally labeled in the statute, Georgia courts do also recognize rehabilitative alimony as a subset of periodic support. It is designed to allow a dependent spouse to gain education, training, or employment necessary to become self-sufficient. These awards are typically time-limited.
Eligibility for Alimony
As noted previously, spousal support is never guaranteed in a divorce in Georgia. It will only be awarded if certain eligibility standards are met. The court will perform a fact-intensive review to determine if alimony is warranted in a Georgia divorce case, and the specific circumstances of a divorce case (including each party's finances) always matter.
These cases typically start with Georgia's statutory misconduct bar. Indeed, that is a critical threshold issue. If a spouse's adultery or desertion caused the separation, that spouse is ineligible for alimony. The burden of proof rests on the party asserting the bar as a defense. If the bar does not apply, then alimony can be awarded. A court will assess many factors, including:
The standard of living established during the marriage;
The duration of the marriage;
The age, physical and emotional condition of each spouse;
The financial resources of each party, including separate assets;
The time necessary for a spouse to acquire sufficient education or training to find appropriate employment;
The contribution of each spouse to the marriage, including homemaking and child care;
The condition of the parties, including their separate estates and earning capacities; and
Any other relevant equitable considerations.
Calculation of Alimony
Georgia does not use a statutory guideline or formula to calculate alimony. Unlike child support, there is no presumptive amount. The court exercises discretion based on the statutory factors and the financial evidence in the record. The analysis begins with the need and the ability to pay. The court evaluates the requesting spouse's reasonable expenses and compares them to available income and assets. It then evaluates the paying spouse's income, earning capacity, and financial obligations. If you have any specific questions about how alimony may be calculated in your case, our Georgia spousal support lawyers are ready to help.
Duration of Alimony
Duration matters in periodic alimony cases. Notably, the length of spousal support in Georgia can vary widely. Indeed, there is no fixed statutory schedule. Courts determine duration based on the same equitable factors used to assess eligibility and amount.
In shorter marriages, courts are more likely to award a short term of limited alimony, often tied to a specific rehabilitative goal. On the other hand, in longer marriages, particularly those involving a significant disparity in earning capacity, courts may award longer-term or even indefinite periodic alimony.
We Are Leaders in Spousal Support Cases in Georgia
Spousal support cases are complicated. If you have questions about your rights or your options, an experienced family lawyer can make a difference. At Meriwether & Tharp, LLC, we put the time, resources, and attention to detail into each and every case. Your initial consultation with a M&T Georgia spousal support lawyer is strictly confidential and without any further obligations.
Speak to a Georgia Spousal Support Lawyer Today
At Meriwether & Tharp, LLC, our Georgia spousal support attorneys are committed to providing clients with solutions-driven legal guidance and support. If you have any questions about alimony eligibility, amount, or duration, we are here to help. Contact us today for a private, no-obligation case review. We are well-positioned to handle family law cases in Georgia.