For many people, spousal support or alimony may be necessary to help them cover their expenses after a divorce. Many individuals may need assistance finding a new place to live, buying new furniture, and establishing the next chapter of their lives. Spousal support can be critical to helping people move past their divorce.
If you think you may be eligible for alimony, you should consult a Johns Creek spousal support lawyer who can help you determine the support you may be eligible for. A detail-oriented family law attorney can help make sure you get the full amount you need to be able to move forward with your life post-divorce.
Alimony and Spousal Support Laws
Spousal support is often called alimony in Georgia. Alimony is a payment from one person to support another party, while both are living separately.
The most common situation where alimony occurs is after a divorce. A court may order one individual to pay alimony to their former spouse in order to support them for a period of time. The intention of an alimony award is to allow the receiving party to maintain a lifestyle to which they have grown accustomed for a set period of time after divorce.
Eligibility for Spousal Support in Johns Creek
Georgia law places certain restrictions on those who may be eligible for spousal support. Under O.C.G.A. §19-6-1, an individual may not receive alimony if they separate from their spouse due to their own adultery or desertion. In all divorces where spousal support is a contested issue, Johns Creek courts will require evidence of the cause of the separation or divorce.
Additionally, in cases of voluntary separation, a party may be ineligible for alimony if they have already signed a marital agreement that provides for spousal support. According to O.C.G.A. §19-6-8, if an agreement exists that properly provides for a person’s support and maintenance, they may not claim additional alimony.
Alimony is always awarded at the discretion of the court, and there is no brightline rule that entitles any person to receive alimony. Those with further questions on whether they may be eligible for spousal support payments may benefit from contacting a lawyer in Johns Creek for a more thorough evaluation.
Determining Payments
Courts generally determine alimony amounts according to the needs of the receiving party and the ability of the other party to pay support. Under O.C.G.A. §19-6-1, courts have the power to consider how both parties behave toward each other in deciding whether to grant alimony. A court may consider any or all of the following factors in setting the amount of alimony, according to O.C.G.A. §19-6-5:
- Duration of the marriage;
- Standard of living during the marriage;
- Financial resources of each party;
- Contributions of each party to the marriage, including child care; and
- Earning capacity of each party.
A spousal support attorney could provide further information on alimony determinations in Johns Creek.
A Johns Creek Attorney Can Explain Spousal Support
If you are going through a divorce or have just been through one, you may be wondering whether you are eligible for spousal support payments. For recommendations about your specific options for alimony in Johns Creek, contact our team of attorneys.
Our Johns Creek spousal support lawyers are familiar with Georgia alimony laws and are committed to helping you receive the support payments you need to get back on your feet after a divorce. Give us a call today.
