If you are currently going through a divorce, you may not be aware that you might be eligible for spousal support or alimony payments. In fact, many people are unsure of the exact rules regarding spousal support in Georgia. As a result, they may miss out on receiving support they are legally entitled to.
A Forsyth County spousal support lawyer could help you get the support payments you need. Our firm’s qualified family attorneys could review your financial situation and that of your ex-spouse, as well as the circumstances of your divorce and any previous court orders. Then, we could determine whether you might qualify for spousal support and, if so, file the necessary legal paperwork to ensure you receive the support you deserve.
As part of a divorce, a court may determine the need for alimony or spousal support, according to Official Code of Georgia Annotated §19-5-10. Although either party may receive alimony, Georgia law bars an individual from receiving support if their adultery or desertion caused the divorce, according to O.C.G.A. §19-6-1. As a result, Georgia courts generally work to determine the factual cause of the divorce in any proceeding involving an alimony request.
There are two types of alimony in Georgia: temporary and permanent. The former term refers to spousal support while the divorce is pending. Under O.C.G.A. §19-6-3, either party may petition the court for an order granting temporary alimony.
After such a petition is filed, the court would then hear evidence from both parties on the circumstances and facts of the marriage. The judge generally has complete discretion on whether to grant temporary alimony.
Any order for temporary alimony may also include litigation expenses and may be modified by the court at any time. Those who may need temporary alimony should contact a Forsyth County spousal support attorney for further information and a review of their situation.
By contrast, permanent alimony refers to spousal support after the divorce is final. A court may order permanent alimony for a specific period of time or until the receiving spouse remarries, according to O.C.G.A. §19-6-5.
As with temporary alimony, permanent alimony may include attorneys’ fees, court costs, or other litigation expenses. Either party may petition to modify any permanent alimony award by showing a change in income or financial situation, as per O.C.G.A. §19-6-19.
Under O.C.G.A. §19-6-5, courts generally consider the following factors when determining an appropriate amount of alimony:
These considerations are specific to each case. The amount of alimony therefore depends on the facts and circumstances of the marriage and the divorce.
For example, judges may be more inclined to grant alimony if the married couple enjoyed a high standard of living during the marriage or if one individual has much greater financial resources than the other. A lawyer in our area could provide a consultation regarding alimony factors and possible spousal support amounts.
Many people have misunderstandings when it comes to spousal support. They may think that they would not qualify for support payments or that these payments would be hard to get. They may also think that spousal support would not make a difference in helping them get back on their feet.
However, spousal support can make a huge difference in helping you establish your own life after a divorce. A Forsyth County spousal support lawyer from our firm could review your case to see if you could obtain monthly support payments. If so, we could represent you in court to make sure you get those payments.
Make sure you know your rights. Contact us today to set up a meeting with our intake team and get started on your case.