Woodstock Spousal Support Lawyer
Spousal support, sometimes still called alimony, is not automatic after a divorce. However, courts often grant it when one spouse has been financially dependent or needs time to become self-supporting.
A Woodstock spousal support lawyer can explain the law regarding alimony and help you make a case for or against it. Our family law attorneys at Atlanta Divorce Law Group work with spousal support issues every day and understand how the Georgia courts handle alimony questions.
How Judges Evaluate a Request for Alimony
Georgia family law on spousal support does not distinguish by gender—either spouse can claim support. The critical issues are whether the requesting spouse can demonstrate a need for ongoing financial help and whether the other spouse can afford to provide it. A Woodstock attorney will compile and present evidence supporting your alimony goals.
Assuming the requesting spouse can prove their need and their spouse’s ability to pay, a family court judge will consider other factors. The Official Code of Georgia § 19-6-5 lists numerous elements that could affect the decision to grant spousal support:
- The length of the marriage
- Each spouse’s age and health
- Each spouse’s economic and non-economic contributions to the household
- The value of the property the spouse will take from the marriage
- Each spouse’s education, work history, and earning capacity
The judge can consider any other factor that seems relevant under the circumstances.
The couple’s standard of living during the marriage is also an important consideration. Family court judges try to preserve that standard to the degree possible. When that is not feasible, alimony could prevent one spouse from having a substantially more comfortable post-divorce lifestyle than the other spouse.
What Is the Impact of Adultery or Abandonment?
Many people believe that misconduct like adultery disqualifies a spouse from receiving alimony. That is not always the case.
It is true that the law bars a family court judge in Georgia from awarding alimony to an adulterous spouse, but only when the adultery caused the marriage to end. The spouse trying to defeat a request for spousal support must prove that the adultery happened and that the marriage would have survived but for the adultery.
If a couple was separated when the adultery occurred, the misconduct did not end the marriage. Similarly, if the couple continued to live together after the adultery, a Georgia court is less likely to rule that the adultery ended the marriage. If spousal misconduct occurred in your marriage, discuss it candidly with our Woodstock attorney so they can assess its impact on the question of spousal support.
Common Types of Spousal Support
There are several different forms of spousal support. The initial court orders often grant temporary spousal support, which is paid only while the divorce is pending. This form terminates when the divorce is granted.
Periodic post-divorce support is granted most often. A spouse may receive alimony for a set period until they can earn enough to support themselves. Permanent alimony has no end date, and is typically granted only after long marriages when a spouse’s age, health or other factors prevent them rejoining the workforce.
Sometimes spousal support is paid in a lump sum. This form can be advantageous if the paying spouse’s income is unreliable or if the spouses need to make a clean break from each other. Speak with our Woodstock attorney if you believe lump sum spousal support might be the best option in your circumstances.
Contact an Alimony Attorney in Woodstock
Negotiating alimony can be challenging, but spousal support can greatly impact your post-divorce finances. A Woodstock spousal support lawyer at Atlanta Divorce Law Group can help you meet your goals. Reach out to a member of our intake team today to get started.
