Atlanta, GA Spousal Support Lawyer

Sometimes, an estranged spouse may need financial assistance from their former partner after a divorce or permanent separation. In fact, about 400,000 Americans currently receive fiscal support from their former spouse, according to survey data from the U.S. Census Bureau.

If you are in need of spousal maintenance, an experienced family law attorney from our team can assist you with filing a persuasive petition with the Georgia courts. A skilled Atlanta, GA spousal support lawyer would also have experience with contentious cases wherein an opposing party objects to having to pay alimony.

How Does State Law Define Spousal Support?

Official Code of Georgia Annotated §19-6-1 defines spousal support, also called spousal maintenance or alimony, as an allowance out of one party’s estate for the support of another while the two are living separately. When estranged partners live in separate residences, spousal maintenance is generally authorized but not guaranteed.

The spouse seeking maintenance must prove that they have a need for the support and the other spouse has the means to provide it without undue hardship. An Atlanta, GA alimony attorney could guide a spouse in compiling the necessary financial disclosures. The family court judge would review the parties’ respective financial positions before deciding whether to grant spousal maintenance and if so, for how long.

Temporary Alimony While the Divorce Is Pending

A Georgia court may provide temporary alimony to an estranged spouse during the period between permanent separation and a total divorce decree, according to O.C.G.A. §19-6-3. Temporary spousal maintenance must be formally requested before a family law judge. The request is usually submitted with the initial divorce pleadings or shortly thereafter.

The judge will consider the request for temporary alimony at the initial family court hearing. When one party has been financially dependent on the other, the judge may grant temporary alimony while the divorce proceedings are ongoing An award of temporary alimony is not an indication that the recipient will receive post-divorce spousal support.

When crafting a temporary alimony agreement, a judge may consider the costs of litigation, the condition of the parties, and the facts of the case that have been presented thus far. A seasoned spousal maintenance attorney in Atlanta should be well-versed in preparing petitions for temporary financial maintenance.

Calculating Spousal Maintenance

Child support is determined by a formula, but there is no formula for spousal support. In Georgia, spousal support amounts are based on both the needs of the receiving partner and the paying partner’s financial liquidity. Under O.C.G.A. §19-6-5, a family court may take several factors into consideration when fashioning an order for spousal maintenance, including but not necessarily limited to:

• Duration of the marriage;
• Standard of living of the couple prior to separation;
• Ages of the involved parties;
• Physical and emotional health of the partners;
• Education and employment history of each spouse;
• Whether a spouse prioritized family duties over educational or career advancement;
• Whether the needs of the children of the marriage prevent a parent from working full-time;
• Financial resources of both parties.

Family court judges try to ensure that both spouses have the means to enjoy a reasonable lifestyle after the divorce, and may award ongoing maintenance when one spouse is economically disadvantaged compared to the other.

However, if a couple divorces because of adultery, the unfaithful spouse may be denied alimony regardless of their need. A dedicated Atlanta, GA alimony attorney may be familiar with how spousal support cases involving infidelity typically progress.

Duration of Spousal Support

Permanent alimony refers to post-divorce financial support. Despite the name, it is rarely permanent. Atlanta family court judges have broad discretion to set the duration of maintenance and usually place a time limit on spousal support.

In some cases, a judge may order spousal maintenance for someone continuing their education for career advancement purposes. In this kind of situation, alimony would cease after the former partner’s graduation when they have the credentials to become self-supporting. Sometimes a spouse will receive support until their youngest child enters school full-time or until their children graduate from high school.

Maintenance may not have a termination date when a spouse’s age or health prevents them from working full-time or becoming self-supporting. A family law judge could award long-term or indefinite alimony when a marriage has endured for 20 years or more and the receiving spouse lacks the skills to be self-supporting. An experienced Atlanta, GA attorney could prepare a persuasive case for long-term alimony or help a spouse defend a request for spousal support with no termination date.

When Would Spousal Support be Terminated?

When a family court grants spousal maintenance, the order typically contains a termination date or an event that terminates the obligation, such as a recipient’s graduation from an educational program. The support ends when the date or event occurs. An Atlanta ,GA attorney could ensure a spouse understands the duration of the support according to the court’s order.

Sometimes events like a windfall, inheritance, or professional success put the receiving spouse in a better financial position than they were in when the family court judge granted them alimony. In such cases spousal support may be terminated by a court order.  The spouse seeking termination must file a petition with the court showing that circumstances have changed substantially since the original order was filed.

Alimony terminates if a recipient remarries. Some spousal support decrees state that alimony will continue even after remarriage, but these are generally rare.

Negotiated Agreements Work Best

Every aspect of a divorce, including spousal support, can be negotiated by the parties. Negotiating alimony allows the couple to account for their individual circumstances and keeps control in the hands of the spouses rather than deferring to the opinion of the family court judge.

Sometimes it is advantageous for a spouse to receive a larger share of the marital property and accept less maintenance or no maintenance in return. The converse could also be true, and a spouse might keep more of the marital property in return for providing ongoing spousal support. In such a case a support agreement might include a provision for life insurance or a bond to protect the receiving spouse’s interests.

When spouses negotiate ongoing support through mediation, an Atlanta, GA attorney could review the agreement before it is submitted to the family court judge. When the couple does not communicate well enough for mediation to be effective, the spouses’ legal representatives could negotiate directly.

Make an Appointment With an Atlanta, GA Spousal Support Attorney Today

Arranging alimony in Georgia can be a complicated process. For example, you may wish to receive temporary support while the total divorce decree is pending. Moreover, you may be able to receive assistance if your former partner is contesting your wishes and making litigation more difficult.

If you need assistance with alimony-related matters, it may be beneficial to consult with an Atlanta, GA spousal support lawyer who can answer your questions. Call our intake team today for guidance on receiving support from your former partner or reducing the amount you have to pay.