Lawrenceville Alimony Lawyer

Lawrenceville Alimony Attorney

In Georgia, it is common for both people in a marriage to contribute equal or close to equal finances to the household, but in many families, one spouse is the main financial contributor, leaving the other spouse financially dependent. When a marriage like this ends, the spouse who earns less may be entitled to request alimony. If this is your current situation, a trusted Lawrenceville alimony lawyer can help you pursue alimony.

Alimony in Georgia

Alimony, which is also called spousal support in legal circles, means financial support paid to a dependent former spouse. There are a number of reasons a judge might award alimony to a lower-earning spouse, including significant differences in the income and earning potential of each spouse, being a part-time or full-time caregiver to children or the home, or the presence of a disability or chronic illness.

According to the most recent data from the Centers for Disease Control (CDC) National Center for Health Statistics, Georgia has a marriage rate of 6.1 marriages per 1,000 residents and a divorce rate of 2.1 per 1000 residents, which is lower than the national average. Overall, the divorce rate has been dropping for the last several years.

Alimony can be paid while spouses are separated, while the divorce is in process, after the divorce, or all three. Payments can be short-term, long-term, or permanent. Spousal support is separate from marital property division and child support payments and may not be required in every divorce case. One spouse must show the need for financial support, and the other spouse must be able to pay.

Georgia has several kinds of alimony. A judge at the Gwinnett County Courthouse on Langley Drive can order one or all at various times, depending on the case. The types of alimony include:

• Temporary. Temporary payments made to the lower-earning spouse while the details of the divorce agreement are finalized.
• Rehabilitative. This allows the receiving spouse to get training, education, or other skills necessary to support themselves. It’s often awarded when the lower-earning person has been out of work for a while or is already in the process of receiving certifications or education for a new career.
• Permanent. Permanent payments are typically part of the final divorce settlement. They are called permanent, but they can be modified depending on the situation.
• Lump sum. In some cases, one large payment in a specified amount is made rather than monthly, bi-weekly, or quarterly payments. This does not apply in all cases.
• Periodic payments. In most cases, payments are made in regular intervals, such as monthly, which is most common, but in some cases, bi-weekly, weekly, quarterly, or other schedules may make more sense for a family.

How To Calculate Alimony in Georgia

Georgia family courts do not have a specific formula for calculating alimony. Either spouse can petition the court to receive alimony, but they must prove their financial need and show that the other partner can afford to make alimony payments. The judge in the case factors in several elements, including how long the marriage lasted and the following for each spouse:

• Age and health
• Occupation and income
• Earning potential and marketable skills
• Debts, needs, and other liabilities
• Assets, including their part of the marital property

Georgia allows for no-fault divorce as well as fault-based divorce. In a fault-based divorce, the judge may award a higher amount of alimony, depending on who is found to be responsible for ending the marriage and the circumstances under which the marriage ended.

Child support is handled separately from alimony but may be taken into account. Also, if the lower-earning spouse stays home to care for the children, the judge may consider if it is in the children’s best interest for the parent to seek employment.

FAQs

What Disqualifies You From Receiving Alimony in Georgia?

In Georgia, you may be disqualified from receiving alimony if you can support yourself, your spouse is not financially capable of making alimony payments, you caused your divorce through adultery or other marital misconduct, you have been married for a short time, or you get remarried. A divorce attorney can help you determine if you or your spouse qualify for alimony based on your specific circumstances.

What Qualifies a Spouse for Alimony in Georgia?

In Georgia, a spouse qualifies for alimony if they can demonstrate a financial need and that the other spouse can pay alimony. Other factors that may be considered by the court include the standard of living during the marriage, how long the marriage lasted, what each spouse contributed to the marriage financially and non-financially, whether the lower-earning spouse can obtain employment, and whether there is fault for the divorce.

Can a Husband Get Alimony in Georgia?

Yes, a husband can get alimony in Georgia if he meets the qualifications, can prove his financial need, and can show that his ex-spouse can afford to pay alimony. Family Court judges consider many factors, but a spouse’s gender does not preclude them from being eligible for alimony. In cases where a wife earns more than a husband, the husband may be eligible for alimony if the difference is significant.

How Can You Avoid Paying Alimony in Georgia?

You can avoid paying alimony through prenuptial or postnuptial agreements, showing that your spouse is self-sufficient, or proving that you can’t afford alimony. If one or both spouses’ financial situation changes significantly, alimony can also be modified or, in some cases, ended. Once alimony is awarded by the court, you have to pay as ordered or risk additional charges like contempt of court.

Contact The Fleming Firm

At The Fleming Firm, our experienced divorce and alimony lawyers offer skilled and compassionate legal representation to residents of the Lawrenceville, GA, area. With over 30 years of experience, we can help you find what works for your family and protect your rights and interests throughout the divorce process and beyond. Contact our office right away to set up your initial consultation and discuss your case.