Length of Spousal Support in Atlanta, GA
As gender roles and divorce laws have changed, so have the norms regarding alimony, now usually called spousal support or maintenance. Post-divorce financial support is not mandatory in Georgia. When courts grant alimony, it is almost always for a specified period.
When you have questions about the possible length of spousal support in Atlanta, GA, speak with a member of the legal team at the Atlanta Divorce Law Group. They focus on family law matters and can give you sound information about how a judge might calculate the duration of maintenance in a specific case.
Temporary Alimony Is a Bridge
The period when a divorce proceeding is ongoing but not yet decided can be challenging for a couple financially. When divorce papers are filed, judges issue orders preventing either spouse from dissipating the marital property or incurring unnecessary marital debt.
During the transition period when a divorce is pending, financial challenges can arise for both spouses. This is especially true if one of them is not employed, leading to limited resources. In such cases, temporary alimony serves as a financial bridge, helping the dependent spouse establish a separate household.
The Atlanta attorney for the spouse who needs temporary support files a request for it with the divorce petition or soon thereafter. A judge holds a hearing to review the couple’s financial information and ensures that the spouse requesting the support truly needs it. If the judge believes their resources are adequate in comparison to the other spouse’s, the judge can deny temporary alimony. When a judge awards temporary alimony, it lasts until the divorce is final and sometimes a short time afterward, ensuring a fair and just process.
Permanent Support Is Usually Not Forever
A judge awards post-divorce spousal support based on the requesting party’s needs and the other party’s means. A judge might deny alimony if the requesting party cannot prove the need and the other spouse’s ability to pay.
When judges grant maintenance, it is usually for a limited duration. Some judges use a rule of thumb of awarding alimony for one-third as many years as the couple was married. For example, when a couple was married for 12 years, spousal support might be ordered for four years.
However, judges have discretion about the duration of spousal support in Atlanta, GA, and they must consider the specific circumstances of the parties. A spouse who is focused on child-rearing could receive support until their children are out of school. In other cases, a judge might allow the spouse to receive support until their youngest child is in school full time but then expect them to be self-sufficient.
Circumstances That Can Merit Long-Term Spousal Support
In some cases, it is unreasonable to expect a spouse to become self-supporting. Judges sometimes award long-term or permanent spousal support when a marriage lasts for a long time—usually 20 years or longer. This is most likely when one spouse either has no marketable skills or has been out of the workforce so long that they would be unlikely to find employment that would pay enough for them to be self-supporting.
Sometimes, a family judge might award long-term spousal support after shorter marriages, but this is rare. However, when one spouse has a physical or mental health condition that prevents them from working full-time, they could receive long-term alimony provided the other spouse can afford to pay it.
Couples are free to negotiate alimony, and many do this rather than submit the question to a judge for a decision. Couples can consider each spouse’s immediate and long-term needs and negotiate a settlement that includes provisions for property division and ongoing support. A negotiated settlement often better meets the parties’ needs and provides them with some control over their property.
Contact an Atlanta, GA Attorney About the Length of Spousal Support
Alimony used to be almost automatic after a divorce, but that is not true anymore. Courts sometimes grant alimony when one spouse is financially dependent on the other, but the law expects the spouse to become self-supporting eventually.
If you are concerned about the length of spousal support in Atlanta, GA, one of the legal professionals at the Atlanta Divorce Law Group can help you. Reach out today to schedule a consultation.
