Atlanta Family Law & Alimony Attorneys
There is no issue in a divorce that causes more rancor between the parties than issue of alimony. There are two different types of alimony: rehabilitative and permanent. Rehabilitative alimony is paid to a spouse for a period of time to provide financial support to a spouse while he or she is getting training or is going to school. Often this is done for a spouse who has been home taking care of the household or children at the expense of their own career. Permanent alimony is becoming more and more rare in Georgia. It is the payment of funds to a former spouse on a continuous basis for the remainder of his or her life.
Most often alimony is paid by the Husband to a Wife. However, with the increasing number of stay at home fathers, it is becoming increasing more common for working Wives to pay alimony to their stay at home Husbands.
Unlike child support for which the State of Georgia provides calculators that determine the amount of the support, there is no set way to determine the duration or amount of alimony. If the parties cannot reach an agreement about alimony then the issue will be decided by the court. In deciding how much alimony to award the court can look at many factors, including: length of the marriage, the age of the parties, marital misconduct, the financial situation of the Husband and Wife, and the earning potential of each spouse. After a divorce alimony can be modified, upward or downward, unless there has been a waiver of modification in the settlement agreement.
Marital infidelity is a bar to alimony in the State of Georgia.
Due to the myriad of issues that impact alimony you should seek the services of an experienced Georgia divorce attorney to make sure that your rights are protected.
If you would like to learn more about alimony and spousal maintenance, contact us for a free consultation.