Factors Affecting Alimony in Marietta
If you are seeking a divorce, you likely have questions about alimony, also known as spousal support. If a family court judge grants spousal support in your divorce, it will have a significant financial impact, whether you are the one paying or the one receiving alimony.
Courts do not always award ongoing financial support to a spouse. Speak with one of our skilled attorneys about the factors affecting alimony in Marietta. Understanding the circumstances family court judges evaluate when deciding on spousal support can help you set realistic expectations.
Demonstrated Need and Ability to Pay
There is no entitlement to spousal support in Georgia. A spouse who wants alimony must ask for it in the divorce pleadings.
The requesting spouse must prove that they will lack the resources to support themselves post divorce. They also must demonstrate that the other spouse has the means to pay ongoing financial support.
Making the initial demonstration of need and of the other spouse’s ability to pay requires substantial documentation. Our Marietta legal team can help compile the proof necessary to establish a case for or against ongoing spousal support.
Statutory Factors
Proof that the requesting spouse needs ongoing financial support and that the other spouse can pay it does not necessarily mean that the court will grant alimony. The family court judge will consider numerous factors when making their decision.
The Official Code of Georgia §19-6-5 describes multiple circumstances a family court judge can consider when deciding whether to grant alimony and how much to award. They include the:
- Age and health of each spouse;
- Standard of living the couple enjoyed during the marriage:
- Length of the marriage;
- Financial condition of each party;
- Contributions each spouse made to the household.
Courts will consider a spouse’s contributions in the form of child rearing, maintaining the home, managing the family’s calendar, and other unpaid services.
Although post-divorce spousal support is called permanent alimony, courts typically award it for a limited time. Our Marietta attorneys will fight for a grant of spousal support for a duration sufficient for you to meet your post-divorce goals.
Modifying or Terminating Spousal Support
Family court orders granting spousal support typically terminate at a set time or upon the marriage of the receiving party. Either party can request a modification of the support order or termination of the obligation at any time if there has been a substantial change in relevant circumstances.
For example, if the receiving party inherits substantial property, they may no longer need spousal support to make ends meet. The paying spouse could request a modification of the spousal support order to reflect the receiving spouse’s new wealth. Similarly, if a paying spouse experiences a financial setback, they could request that their spousal support obligation be reduced.
A request for a spousal support modification or termination can require substantial documentation. A member of our Marietta legal team can assist you in preparing the most persuasive case for or against a modification of an existing alimony order.
Discuss Considerations Impacting Spousal Support With a Marietta Attorney
Divorces do not always include provisions for alimony. If you want ongoing spousal support after your divorce, or if you believe your spouse will ask for it, work with a skilled and experienced family law attorney on our team.
The various factors affecting alimony in Marietta can have a big impact on your financial health post divorce. Get in touch with us today to learn more.
