Finances may be a major issue for a separating couple to settle. During married life, one partner might earn more than the other, so if a divorce or legal separation occurs, the spouse earning less may potentially encounter serious monetary constraints once they are living alone.

Fortunately, impacted individuals can speak to an adept family attorney about how they may benefit from—and more importantly, be able to obtain—spousal support. A Buckhead spousal support lawyer from our team could help you if you are facing divorce and are concerned about the prospect of spousal support.

When is Spousal Support Appropriate?

Spousal support, which is also sometimes legally referred to as alimony, is not always mandatory in the wake of a divorce or legal separation. Official Code of Georgia §19-6-1 enables an adjudicating body to reward a separating spouse with this monetary maintenance payment if the evidence demonstrates that the recipient needs it and that the payor has the financial capabilities to make such payments.

Moreover, if awarded, spousal support is rarely permanent. More typically, a court might order alimony to be paid on a temporary basis or for a set period of time. The specific duration may depend on a variety of different factors.

Deciding on Spousal Support Matters out of Court

It is possible to settle spousal support issues without court intervention. If the parting spouses mutually agree to a dollar amount and payment schedule for this kind of support, a court would generally accept the arrangement so long as it is equitable and fair to both sides. Additionally, spouses may include alimony-related clauses in marital contracts such as prenuptial, postnuptial, and separation agreements.

Pertinent Issues Relevant to Spousal Support

A court might take numerous factors into consideration prior to deciding if spousal support should be awarded, whether the payments should be made on a temporary or permanent basis, the specific dollar amount of each payment, and the frequency—such as monthly or yearly—at which the payor must make payments.

The specific issues debated correlate to each involved party’s personal, financial, legal, and health issues including:

  • The age of both spouses;
  • Each party’s physical, mental and emotional health;
  • The contributions the appealing spouse made to the marriage, such as raising children or giving up career-furthering opportunities for their spouse’s sake;
  • The earning capability of the appealing party;
  • Each spouse’s individual financial stability;
  • The duration of the marriage in question; and
  • The standard of the living enjoyed by the couple while said party was wedded.

An alimony lawyer in Buckhead might be able to help an individual spouse identify other pertinent issues that may affect the outcome of their case. For instance, specific irresponsible or malfeasant acts during a marriage might limit or completely preclude the amount of spousal support a spouse can receive.

Can Spousal Support Orders be Modified?

It is possible for either the paying or receiving spouse to file for a modification of an established spousal support order. That said, the party seeking the alteration must provide documented evidence showing why such a change is necessary. Significant alterations to one party’s financial circumstances precipitated by events such as a job loss, professional promotion, illness, or major physical injury are common reasons that a divorced party might request such a change.

Contact a Buckhead Spousal Support Attorney

The financial changes that might potentially occur due to divorce can force life-altering changes to your lifestyle. However, spousal support is designed to prevent such inequities from harming your standard of living after a divorce. Contact a Buckhead spousal support lawyer as soon as possible to start exploring what may be possible in your case.

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