Under Georgia law, alimony, which is also referred to as spousal support, is designed to balance the incomes and needs of the parties without impoverishing either party. Spousal support is to be based on what is just and reasonable under the circumstances of the case.
Alimony Factors Considered by Georgia Courts:
In Georgia, both the amount and length of spousal support is determined by many factors, including:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of both parties
- The financial resources of each party
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him or her to find appropriate employment
- 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; and
- Such other relevant factors as the court deems equitable and proper.
Calculating Alimony in Georgia
Sometimes an alimony analysis is fairly straightforward. A long-term marriage where one spouse raised the children and the other increased his or her earning potential through education or experience will likely result in alimony to the non-working spouse.
When calculating child support, Georgia has child support guidelines that take the mystery out of the equation. We plug in the incomes of the parties and a few other variables and we arrive at a fairly accurate estimate as to the amount of child support.
The same is not true for calculating alimony. Because judges have a great deal of discretion in awarding alimony, we can only provide you with a general idea of the potential alimony. In fact, in many instances, a panel of judges presented with the same facts will arrive at different conclusions about the amount and length of time that alimony will be awarded. Who your judge is often makes a great deal of difference when it comes to alimony.
Evaluating your situation in light of these factors takes experience and judgment.
When we work with clients, we take the time to understand all of the details of your specific case to advise you how the court is likely to view the facts of your case and how your facts are best presented.
Our Georgia Alimony Checklist
Getting the best outcome in our alimony cases depends on many factors. Being as prepared as possible is the key to success. That's why we created our Georgia Alimony Checklist.
- Document Your Finances: Gather detailed records of income, expenses, assets, and debts. This includes pay stubs, tax returns, bank statements, and any other relevant financial documents.
- Understand Your Standard of Living: Make an inventory of your household expenses and lifestyle before separation to present an accurate picture to the court.
- Provide Details on Marriage Length: Be prepared to provide information on the duration of your marriage, as this is often a significant factor in alimony decisions.
- Highlight Contributions to the Marriage: Document both financial and non-financial contributions, such as child-rearing, homemaking, or supporting your spouse's career.
- Be Honest About Your Needs and Capabilities: Assess your current and future financial needs, as well as your ability to earn income post-divorce.
- Identify Any Special Circumstances: Provide information on any relevant health concerns, disabilities, or other factors that may impact alimony considerations.
- Keep Communication Records: Save any communication with your spouse or legal representatives that may support your case.
- Consult a Legal Professional: Work with an experienced attorney to understand how these factors apply to your specific situation and ensure your case is presented effectively.
Alimony Considerations in High Asset Divorces
When it comes to high-asset divorce cases, the topic of alimony can become even more complex and contentious. In these situations, there may be significant financial assets at stake, making it crucial for both parties to have a thorough understanding of their finances and potential alimony obligations.
In addition to the main points covered in our Georgia Alimony Checklist, there are a few additional considerations that may apply specifically to high asset divorces:
- Valuation of Assets: Accurately valuing assets such as real estate, investments, or businesses can be challenging but is essential for determining the appropriate amount of alimony.
- Tax Implications: Alimony payments may have tax implications for both party involved , and it is essential to understand how these payments will affect your financial situation.
- Retirement Accounts: In high asset divorces, retirement accounts such as 401(k)s, IRAs, or pensions may be substantial assets that need to be considered when determining alimony.
- Lifestyle Standards: In some cases, the lifestyle enjoyed during the marriage may influence the amount of alimony awarded. This can be a complex factor to consider but may play a significant role in high asset divorce cases.
The Cherry Law Firm Will Fight For Your Best Interests
At The Cherry Law Firm, we understand that navigating the complexities of alimony and divorce can be overwhelming and emotionally taxing. That's why we are committed to providing personalized, compassionate, and results-driven representation to secure the best possible outcome for your case. Our team has extensive experience in family law and is dedicated to protecting your rights and advocating for your financial stability. Whether you're negotiating alimony agreements or resolving disputes, we will stand by your side every step of the way. Trust The Cherry Law Firm to ensure your future is safeguarded and your best interests are always a priority.
Schedule Your Free Consultation
To schedule a free 15-minute alimony/spousal support consultation, call us today at 770-444-3399, or click here to access our online scheduler. We serve clients throughout metro Atlanta, including those in Cobb County, Paulding County, Cherokee County and Bartow County.