Georgia Alimony and Spousal Support Laws
Alimony is payment by one spouse for support or maintenance of the other spouse. A Georgia court may grant alimony to either spouse. It may be paid in one lump sum payment, or it may be paid over time, depending on the court order.
Types of Spousal Support
Alimony may be for a limited period or until the spouse receiving alimony dies or remarries.
- Temporary – granted during the time between dissolution and filing for divorce when the court finds it necessary.
- Short-Term – granted for a limited amount of time so that the receiving party has time to adjust financially to the divorce.
- Long-Term or Permanent – granted for a longer period of time, generally in the case of a lengthy marriage.
Who is Eligible for Alimony in Georgia
The court may award alimony to the husband or the wife in Georgia. The court will base alimony awards on the unique situation of the parties to a divorce case.
Georgia Alimony Guidelines (Factors for Awarding Alimony)
Factors the court will consider in determining alimony include:
- Length of marriage;
- Health of each party;
- Assets of each party; and
- Contributions to homemaking, child rearing and career building of the other spouse.
Reasons for Termination or Modification of Alimony in Georgia
The court may modify the spousal support agreement upon proof of changed circumstances in Georgia. Remarriage or death of either party is grounds for the court to consider modification.
Marital Fault in Georgia
Georgia allows for both no-fault and at fault divorce. Fault will be determined on a case-by-case basis. The court will consider the evidence brought before it as presented by each party.
How Long Does Spousal Support Last in Georgia?
The court’s final decree will state how long the support is to last. The length of time will depend on the length of the marriage, the need of the receiving spouse, and any other circumstances the court deems worthy of consideration.
Georgia Alimony Taxes
Payment of alimony may be deducted on federal income taxes. Also, the receipt of alimony must be claimed as income when it is mandated by a court of law. Discuss the tax considerations of your case with an experienced attorney or tax professional.
Find an Alimony Attorney in Georgia
A family law attorney will help by ensuring that your rights and assets are protected during divorce. Divorce can be overwhelming and emotionally charged. An attorney will help neutralize the situation.