Cumming Spousal Support Lawyer
In many instances, individuals are eligible for spousal support—also known as alimony—when they obtain a divorce from their spouse. However, many people do not realize they can request support payments and how much these payments could be. If you would like to determine your eligibility or liability for spousal support, a Cumming spousal support lawyer may be able to help.
Any one of the qualified family attorneys at our firm could review your financial situation—as well as those of your spouse or ex-spouse—to identify what kind of support arrangement may be applicable to your situation. Based on the answer, we could petition a court to grant you the support payments you deserve or work to minimize the amount of support you owe.
Defining Spousal Support
“Spousal support” generally refers to one or more payments made by one spouse to another after a separation or divorce to support that spouse financially. Georgia state law generally refers to spousal support as alimony and permits either party in a divorce to petition for it.
However, under Official Code of Georgia §19-6-1, an individual is not eligible for alimony if their separation or divorce was caused by their own adultery or desertion. In all other instances, courts usually decide alimony on a case-by-case basis, taking into account the following:
- Each party’s conduct towards the other;
- Need of the party requesting alimony;
- Ability of the other party to pay alimony.
Alimony Amounts
Under O.C.G.A. §19-6-5, courts may decide the amount of alimony based on the following factors:
- Duration of the marriage;
- Standard of living during the marriage;
- Physical health of both parties;
- Financial resources of each party;
- Any other factors the court deems just and proper.
Generally, if there is a greater financial disparity between the parties, then a court may grant larger alimony payments. Additionally, if one party made non-financial contributions to the marriage, such as raising children, then a court may allocate alimony to that parent. A Cumming spousal support lawyer could provide further information on the likely alimony amounts that a person may be eligible to receive in any specific case.
Voluntary Separation and Alimony
Georgia law also permits parties to petition for alimony in cases of voluntary separation, according to O.C.G.A. §19-6-10. Even if neither party has filed a divorce petition, an individual may file a request for alimony either for themselves or on behalf of any minor children in their custody.
However, if both parties have previously signed an agreement that contains spousal support provisions, neither party would be eligible for court-ordered alimony, according to O.C.G.A. §19-6-8. Additionally, any subsequent cohabitation by the spouses nullifies any court-ordered alimony. Anyone with further questions about alimony payments during a voluntary separation may wish to call a spousal support lawyer in Cumming.
Speaking with a Cumming Spousal Support Attorney
The value and total number of spousal support payments usually vary depending on the specific finances and assets of both parties to a divorce. In light of this and the many other factors that can play into the final figures, any person who has questions about support payments should contact a Cumming spousal support lawyer for assistance.
Our legal team is familiar with all different kinds of support cases and could answer any questions you may have, including the value of payments you may receive. If you are eligible for alimony, we could petition a court to grant you the payments you need.
Alternatively, we could petition for modifications in support payments if you need more support than you currently have. Call today to get in touch with our team and find out more about your options.
