Factors Affecting Spousal Support in Suwanee
Alimony, or spousal support as it is usually called today, is not guaranteed when a couple divorces. One spouse can request alimony, but it is not granted automatically.
If you want spousal support or if you want to avoid paying it, contact our team of family law attorneys. We can help you understand the factors affecting spousal support in Suwanee so that you can be prepared and present the most persuasive arguments to the judge deciding your divorce.
Need and Ability to Pay Are Threshold Factors
When a spouse requests any type of alimony, they must prove that they have insufficient resources to support themselves. They also must demonstrate that the other spouse is able to pay.
Many spouses request temporary alimony, which is paid only while the divorce proceedings are ongoing. They may need this money to help establish and maintain their independent household before they have access to their portion of the marital property.
Whether representing the spouse who wants alimony or the spouse who might have to pay, our Suwannee family law attorneys will assemble comprehensive documentation about their finances. They use this information to establish whether there is a need for alimony and whether the non-requesting spouse has sufficient resources to pay it.
The Law Describes Factors for Judges to Consider
Temporary alimony terminates when the divorce becomes final, and both spouses gain access to their share of the marital property. If one spouse feels they cannot be self-supporting, they can request permanent alimony, the term the law uses for post-divorce alimony. Despite its name, permanent alimony is almost always awarded only for a fixed period.
When a spouse requests post-divorce alimony, they must prove their need and the other spouse’s ability to pay. In addition, the Official Code of Georgia § 19-6-5 describes the factors a judge must consider when deciding whether to grant post-divorce alimony. They include the:
- Length of the marriage;
- Spouses’ age and mental and physical health;
- Standard of living the spouses had as a married couple;
- Whether a spouse needs time to acquire education or skills to be employable;
- Spouses’ individual financial situations, including the value of their separate property, earning capacity, and debts;
- Spouses’ individual contributions to the marriage, including homemaking, childcare, and support of the other spouse’s professional pursuits.
Judges can consider other relevant factors, such as whether one spouse must care for a disabled child. Our Suwanee legal team will address the statutory factors and all other relevant considerations to support a spouse’s position for or against alimony.
Misconduct Can Impact Alimony
Georgia law prevents alimony from being granted to a spouse who committed specific types of marital misconduct. This is true even when the couple cites a no-fault ground for divorce.
The Official Code of Georgia §19-6-1 requires a judge to ask about the reason for the divorce when they hear a request for permanent alimony. When the spouse requesting alimony committed adultery or deserted the marriage, the judge cannot award alimony to that spouse.
A judge has the discretion to approve an agreement between the spouses regarding ongoing spousal support, regardless of whether there was misconduct in the marriage. Our skilled family law attorneys in Suwanee can often negotiate an acceptable spousal support agreement even when marital misconduct is an issue in the marriage.
Consult Our Suwanee Family Law Attorneys About Spousal Support Issues
A divorce brings financial challenges for most families. Alimony can help one spouse get back on their feet, but family courts will not award it unless they are convinced it is necessary and will not cause hardship to the paying spouse.
Work with one of our experienced family law attorneys to understand the factors affecting alimony in Suwanee. Get started today.
