Eligibility for Spousal Support in Atlanta, GA

If you are getting a divorce, spousal support might be something you are concerned about, whether you hope to receive it or are worried about paying it. Spousal support, or alimony as it is still sometimes called, is not mandatory in Georgia. It is awarded on a case-by-case basis and only in certain circumstances.

Understanding eligibility for spousal support in Atlanta GA can help you make realistic plans for the future. A skilled spousal support attorney from our team can walk you through the possibilities.

Ongoing Support Is Not a Right

There is no right to spousal support after a divorce in Atlanta, Georgia. Either spouse can request that a family court award alimony, and approval is not automatic. A spouse making the request must prove that they need the funds to support themselves and that their spouse has the means to provide ongoing support.

Courts often award temporary alimony to a spouse while divorce proceedings are ongoing before they have access to their portion of the marital property. Post-divorce spousal support is less common and is almost always temporary.  The duration of support is at the judge’s discretion. It could extend until the youngest child is in school full-time or until they graduate. Some judges allow a spouse a given number of years to get the education or training they need to become self-sufficient.

Couples can waive the right to alimony in a prenuptial agreement and a judge can uphold the waiver. However, if enforcing the agreement as written would result in a spouse being impoverished while the other spouse has enough to live a comfortable lifestyle, a judge could invalidate that section of the agreement.

Factors That Influence Whether Alimony Is Awarded

The Official Code of Georgia § 19-6-5 describes the factors judges can consider when deciding whether to award alimony in Atlanta. These include the couple’s lifestyle during the marriage, how long they were married, and the capacity of the spouse requesting maintenance to support themselves.

In general, spousal support is awarded when one spouse leaves the marriage economically disadvantaged because they supported the other’s education and career and did not prioritize their own. Spousal support is also granted to spouses who devote themselves to child rearing rather than developing their own potential.

Spousal support is also appropriate when one spouse’s personal wealth is insufficient to maintain a lifestyle similar to the standard of living they enjoyed while married. Judges often award alimony when one spouse’s age or issues with their physical or mental health prevent them from working.

Fault Plays a Role in Alimony

Unlike many states, a judge can consider which spouse caused the marriage to fail when they decide on alimony. According to the Official Code of Georgia §19-6-1, when a spouse’s adultery or abandonment is the reason for the divorce, judges cannot award alimony to that spouse.

When a judge hears a request for spousal support, they must inquire about the reason for the divorce. This is true even when the couple is divorcing on no-fault grounds. If the judge finds, based on information presented at the alimony hearing, that the requesting spouse was at fault in the divorce, they may not grant alimony.

However, when the couple has agreed to spousal support, a judge could approve it even when the receiving spouse has committed marital misconduct. Sometimes, a spouse makes concessions regarding property division in return for an agreement to pay spousal support. When marital misconduct is an issue in your divorce, a member of our Atlanta, GA legal team can advise you on whether it is possible to negotiate an advantageous alimony agreement.

Discuss Your Spousal Support Concerns With an Atlanta, GA Attorney

Spousal support can be a considerable help when you are trying to get back on your feet after a divorce. It can also be a significant expense when you are the one ordered to pay.

Speak with a legal professional when you believe eligibility for spousal support in Atlanta, GA, might be an issue in your divorce. The team at the Atlanta Divorce Law Group is skilled in dealing with all aspects of spousal support. Get in touch today.