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.
Official Code of Georgia Annotated §19-6-1 defines spousal support, 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.
However, if a couple divorces because of adultery, the unfaithful spouse may be denied alimony. A dedicated Atlanta, GA alimony attorney may be familiar with how spousal support cases involving infidelity typically progress.
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:
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.
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 judge.
When crafting an 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.
Spousal support may be terminated by a court order under O.C.G.A. §19-6-5. If a recipient of alimony remarries, the courts may no longer consider them to be in need of financial support because they presumably have access to the earnings of their new spouse. However, some spousal support decrees state that alimony will continue even after remarriage, but these are generally rare.
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.