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How Is Alimony Calculated In Ga

What Is The Length Of Marriage For Alimony In Ga

How Is Child Support Calculated In Georgia?

There is no specific requirement for length of marriage in order to get alimony in Georgia. Being married for a certain period of time is neither required nor sufficient for an award of alimony in Georgia.

In other words, a spouse who has been married for over 20 years could be denied alimony.

However, duration of the marriage is a factor the court may consider when the amount of alimony is determined.

Factors In Determining Alimony In Georgia

When a spouse requests alimony through a court petition, before awarding alimony, the judge must find that one spouse needs the support, and the other can pay.

If there is a need and an ability to pay, the court will consider the following factors as part of the divorce process when creating a final support award:

  • The couples marital standard of living
  • The length of the marriage
  • Each spouses age, physical, and emotional condition
  • Both spouses financial resources
  • The time necessary for the supported spouse to acquire sufficient training or training to find appropriate employment
  • Each spouses contributions to the marriage, including childcare, education, and career-building of the other spouse
  • The financial conditions of each spouse, including separate property, earning capacity, and separate debts
  • And such other relevant factors the court deems equitable.

Overview Of Alimony In Georgia

Alimony is the financial support which is paid by one spouse to the other. Generally, when alimony is ordered or agreed upon, the higher earning spouse makes periodic payments to the lower earning spouse. The payments from the monied spouse to the non-monied spouse can occur both during and after the divorce.

In order to obtain an award of alimony, a recipient spouse must generally prove that they truly need the financial support from their partner and show that their spouse can pay a specific amount as alimony. When determining the appropriate amount of spousal support, the court will take other factors into consideration too, such as:

  • The spouse standard of living
  • The length of marriage
  • The financial resources and earning capacity of each spouse
  • The age and physical wellness of each spouse
  • How long it will take the supported spouse to get back on their feet if they are currently unemployed
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
  • The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties
  • Such other relevant factors as the court deems equitable and proper

See O.C.G.A. 19-6-5 for the specific alimony Georgia Statute on point.

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Things To Consider Before Asking For Alimony

There are some very important considerations to mull over before deciding whether or not you should ask for alimony. Alimony is not always in your best interest, even if you are receiving it. Below are a few items you should consider before asking for alimony.

  • How much do you need to live on per month?
  • Are you planning on staying single and living alone for the time being?
  • How stable is your job and financial situation?

Divorce : How Alimony Is Determined In Georgia

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The concept of alimony, also known as spousal support, dates back to a time when husbands were the financial providers and wives rarely worked outside the home or, if they did, it was merely to supplement their spouses income. Knowing that divorce left most wives at an economic disadvantage, the courts ordered their former husbands to support them financially until they remarried. Today, it is routine to see both spouses employed outside the home, so alimony isnt as common in Georgia, but it remains available to ensure that stay-at-home parents or lower-earning spouses are not left financially bereft while they transition to greater economic self-sufficiency.

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Will I Have To Pay Alimony Forever

Generally speaking, no. Most spouses who pay spousal support are not required to do so indefinitely, with the exception of rare cases wherein the other spouse has no means to support themselves and does not remarry. Additionally, even in cases where a spouse is unable to support themselves in any capacity, you may only pay temporary, rehabilitative alimony to give your spouse enough time to get on their feet. That means your spouse cannot expect to receive this alimony forever. alimony laws changed to prevent spouses from just collecting money and not attempting to find work at all. In fact, if your ex-spouse doesnt attempt to find work, the temporary alimony period may just run out or you can have a vocational expert analyze their capacity for finding work in the hopes of modifying or ending your payments. A court will expect that your spouse makes reasonable efforts to find work and build up their skills.

Alimony In Georgia For Adultery

For alimony, Georgia laws are such that if you are the one the would normally receive alimony, but you committed adultery, theres no good news for you.

When you are trying to get alimony in Georgia for adultery, you will not get alimony from your spouse if the separation was caused by adultery.

Like all 13 grounds for divorce in Georgia, you will have to prove whether the adultery was committed or not and what the reason for the legal separation was.

When alimony is being awarded, adultery ONLY affects the ability to get alimony when it was the cause of the separation.

In the courts eyes, adultery is defined as a spouse having sexual intercourse with someone who is not a spouse.

Any other relations will not be considered adultery when it comes to how the alimony laws in Georgia work.

But if it can be proven that adultery led to divorce, then the person guilty of committing adultery will not get alimony in Georgia.

But adultery only affects alimony. It does not affect whether or not the adulterous spouse gets any of the marital property or not.

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Spousal Support & Protection

As spousal support attorneys in Marietta, GA, we are well aware that significant economic disparity often falls on the spouse who sacrificed their career and earnings while also acting as the primary child custodian.

We will explain your rights and protect them from aggressive opposing counsel or an embittered ex.

Tax Implications On Alimony

Considering Divorce? Georgia Attorney Answers Questions About Alimony

Before January 1, 2019, alimony payments were tax-deductible to the payer and taxable to the recipient. However, the enactment of the Tax Cuts and Jobs Act eliminated the tax deduction benefits and income reporting requirements of alimony. Today, spouses dont have to alter alimony awards to account for what is lost upon tax deduction.

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Does Adultery Affect Alimony In Georgia

Georgia courts consider whether one spouses marital misconduct caused the marriage breakdown. The court will look at the cause of the separation, regardless of the grounds that a divorce is sought, as part of alimony deliberations.

To prove marital fault, youll need to produce testimony and evidence, such as videos, photographs, phone records, or witness accounts, including the findings of a private investigator.

A judge may reduce or even deny alimony for a spouse who otherwise qualifies but deserted the other spouse or committed adultery during the marriage.

Conversely, the court may award permanent alimony to the victim of marital misconduct.

Read More:What are the Types of Affairs?

Consult A Georgia Alimony Attorney

If you are preparing for divorce and alimony is likely to be a part of the divorce agreement, an experienced Atlanta divorce attorney can help you get the amount you need or protect you from having to pay an unfair or unreasonable amount. The family law team at Atlanta Family & Immigration Law will look after your best interests during negotiations and even at trial if necessary. To schedule a consultation, call or contact us.

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How Long Does Alimony Last

How long does alimony last is determined by how long the rehabilitative period is.

This means, How long will it take for the spouse receiving alimony in Georgia to receive training and become self-supporting?

This could be in as little as 6 months.

But my uncle ended up paying his ex-wife alimony for 8 years. Hes an architect and she didnt have a job for 17 years. However, she did go back to school and got three masters degrees in those 17 years.

She ended up working as a librarian, which Im sure kept her from earning enough money to have the same standard of living as when they were married. This meant that he had to pay her a significant amount of alimony.

Over the course of that 8 years, in child support and alimony, he ended up paying her over $500,000.

If the divorce decree doesnt specify an alimony termination date, the alimony payments must continue until the divorce court orders otherwise.

Most alimony awards end if the person receiving alimony remarries someone new.

Termination upon the payers death isnt necessarily automatic .

And if the receiving party is unlikely to be gainfully employed, the court may order the paying spouses estate plan or life insurance to pay alimony to the receiving spouse AFTER the paying spouse dies.

When Do Payments End

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Once alimony is determined to be necessary, the judge will set the terms and order support to be paid for a certain length of time. Payments are expected to end after the agreed upon length of time. Spousal support may end early under certain circumstances, including:

The spouse receiving alimony remarries.

Either spouse passes away.

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Alimony/maintenance/spousal Support In A Georgia Divorce

Alimony is payment made by one party to the other after the divorce, either by court order or by mutual agreement. This type of post-divorce payment is also sometimes referred to as maintenance. Until 1980, there were no provisions under Georgia law for alimony. The Divorce Code of 1980 provides that the court may allow alimony to either party “only if it finds that alimony is necessary.”

Under Georgia law, married people are financially responsible for each other – the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesn’t stop simply because the couple separates.

Alimony in Georgia is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Georgia is either “rehabilitative” or “permanent”. Alimony is money for support paid to a spouse by the other spouse. Alimony can be for a short or long period of time. Usually alimony is granted by the court only when a long term marriage ends. The other party must be able to pay alimony of the court is to award alimony to the other party. Alimony may also be grant short-term before a final divorce decree is awarded.

“Permanent alimony” continues for a long period of time, possibly until the death of the party receiving the alimony and is usually awarded when one of the parties is unable to work due to age physical or mental illness.

Am I Entitled To Alimony In Georgia

The purpose of alimony is to provide financial assistance from one party to another after a divorce based on the financial circumstances of the parties. The single biggest factor in Georgia alimony cases is whether one party has a need and whether the opposing party has the ability to pay. The second most important factor is the length of the marriage. Courts will also consider the disparity between the parties’ income, the ability of each party to earn income, and other factors such as conduct during the marriage and lifestyle.

Alimony is often a highly contentious and emotional issue for divorcing couples. But not every spouse is entitled to alimony, and the amount and length of alimony awarded is decided on a case-by-case basis, dependent on the specific circumstances of the marriage and divorce.

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Don’t Get Crushed By Alimony

If you want the best divorce attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you dont wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you dont get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

What Is Spousal Support Or Alimony

How is Child Support Calculated in Georgia? Latest Guideline

The purpose of alimony is to alleviate unfair financial hardship that could affect a lower-wage-earning spouse after divorce. Unlike child support, spousal maintenance is not mandatory . Spousal support is often awarded to a spouse who sacrificed a career and salary to care for the children and the home.

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The New Rules For Alimony And Taxes

You may be aware that Congress recently changed the tax code when it comes to alimony. These changes apply to all divorce and separate maintenance agreements or orders entered after January 1, 2019, including Georgia divorces. If you pay alimony, you can no longer deduct it from your taxable income for tax purposes. In addition, recipients of alimony do not have to include alimony payments as taxable income. It is critical that you are aware of these changes when negotiating your divorce or separate maintenance actions. As you can imagine, these changes will have major implications on your budgetand that of your spouse.

Alimony & Spousal Support Modifications

While financial agreements are impossible to change after a divorce, courts will usually be open to changing alimony and other forms of spousal support if circumstances require it. For individuals paying or receiving periodic alimony, modifications may be possible but are difficult.

A modification to alimony may be granted in the following circumstances.

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Paying Alimony In Georgia

Most alimony payments are periodic, meaning paid monthly or weekly, and on-going until the court orders payments to stop. However, if the paying spouse has the means, the court may order a one-time, lump-sum payment of support to the other spouse.

Lump-sum payments are rare because most spouses don’t have the funds to hand over a large sum of money to an ex-spouse. However, if the circumstances allow for it, a lump-sum payment can alleviate on-going monthly or yearly payments.

For cases where periodic payments are appropriate, the court will likely issue an income deduction order, which directs the paying spouse’s employer to deduct alimony from wages and direct the payments to the family support registry. .)

Alimony awards are court-ordered payments, so it’s important to pay exactly as the order directs. If you fail to pay, the court can punish you by charging you with contempt and issuing fines, penalties, liens on property, or jail. .)

Modification Or Termination Of Alimony In Georgia

GA Child Support Forms

Either spouse can request a review of spousal support unless there was a written agreement indicating that neither would seek to modify alimony in the future. The spouse who requests a review of alimony must demonstrate to the court a change in financial circumstances. Such circumstances include:

  • Wage reduction or involuntary job loss
  • A condition or illness that prevents the paying spouse from working
  • An increase in income for the receiving spouse

If the receiving spouse starts to cohabit or remarries, the court will most certainly end alimony payments. For a judge to order modification of alimony, the change in circumstances has to be significant. A reduction of alimony may not be granted based on slight adjustments to either spouses financial resources or income.

When filing a motion to decrease alimony, you have to submit documents that indicate your financial information, including income, assets, debts and expenses. Along with the response to your request, your ex-spouse will also be required to provide the same documents.

Once a motion for modification has been filed, what follows is the discovery process. During this stage, either spouse has the right to request the other to produce additional financial documents. Such documents may be essential in showing a spouses need for financial support and the others ability to pay. Typically, these documents include pay stubs, financial documents and tax returns.

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Determine Each Parent’s Basic Support Obligation

Take the combined basic support obligation and multiply it by each parent’s percentage of income to get their individual basic support obligation. Round to the nearest whole number.

When one parent has primary or sole physical custody, they receive the other parent’s basic obligation as child support. If parents have joint physical custody, the parent with the higher income usually pays. .

Example: Sharon multiplies 1,877 by .4545 her basic support obligation is $853. Henry multiplies 1,877 by .5455 his obligation is $1,024. Since Sharon has primary physical custody, Henry should pay her $1,024 a month, per state guidelines.

How Is Alimony Determined

Wondering how is alimony determined?

Alimony is very different from child support in terms of how alimony is determined.

For example, child support in Georgia is mandated based on very specific formulas.

But with alimony, the divorce courts can make willy nilly decisions on how much alimony is paid and for how long.

The Uniform Marriage and Divorce Act recommends that courts consider the following factors in making decisions about how alimony is determined:

  • The age, physical condition, emotional state, and financial condition of the former spouses.
  • The length of time the recipient would need for education or training to become self-sufficient.
  • The couples standard of living during the marriage.
  • The length of the marriage.
  • The ability of the payer spouse to support the recipient and still support himself or herself.

The only way to KNOW how much alimony you will pay is to of had prenup alimony laid out before the marriage.

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