Determining whether your circumstances qualify you for spousal support can be challenging without legal guidance from a well-practiced family law attorney. There are many factors that play into the ultimate decision of whether spousal support is warranted in a particular situation.

For example, the length of the marriage, the spouses’ financial situations, the actions of the spouses during their marriage, and more can influence a final support order. A seasoned Milton spousal support lawyer can help you identify how each of these factors may impact your individual circumstances.

Determining Spousal Maintenance

Spousal support, or alimony, is an amount paid to the lower-earning spouse for a period of time after a divorce proceeding. The Superior Courts of Milton have jurisdiction to order spousal support and to approve agreements made between parents. If one spouse needs financial support and the other has the ability to pay alimony, then spousal support may be awarded to the party in need.

Alimony can be a lump sum paid at one time, periodic payments made bi-weekly or monthly for a set-amount time, permanent periodic payments, or some combination of any of these. Regardless of the type of arrangement, spousal support ends when the receiving spouse remarries or dies, unless otherwise specified by the court.

Before the court orders spousal support, Official Code of Georgia Annotated §19-6-5 mandates a judge to consider many factors. Circumstances which must be considered by a local court when determining alimony include:

  • The duration of the marriage;
  • The spouses’ ages;
  • The physical and emotional conditions of both parties;
  • Both spouses’ financial resources;
  • Either party’s educational or employment needs;
  • Both spouses’ contributions to the marriage; and
  • Either party’s assets, financial liabilities, and earning capacity.

A diligent lawyer in Milton can help with determining alimony following the dissolution of a marriage.

Disqualifying Factors for Spousal Support

Spousal support may be barred in situations where one spouse commits adultery during the marriage, and the other spouse did not condone or forgive the infidelity.  In other words, the adulterous spouse may not be rewarded alimony if the infidelity is the cause of their marriage dissolution.

Abandonment by one spouse may also bar eligibility for spousal support. Abandonment, as defined by O.C.G.A. §19-5-3(7), occurs when one spouse leaves the marital home for one year or more with the intent to end the marriage. A Milton spousal support attorney can help you determine whether your circumstances qualify you for alimony.

Seek Help from a Milton Spousal Support Attorney Today

Family law judges have a tremendous amount of discretion in spousal support cases. The court will review the facts of the case and determine an appropriate payment amount. A knowledgeable family law attorney could advocate on your behalf and help you obtain the support that you need.

A Milton spousal support lawyer can help you reach a mutually beneficial resolution that adequately meets your individual needs. Call our intake team today to schedule a consultation to determine what may be possible in your case.

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