Alimony

Alimony is monies paid by one spouse to the other for that spouse’s support and maintenance. One of the common purposes of alimony is to assist one spouse in transitioning out of the marriage and getting them back on their feet. This form of support is often referred to as rehabilitative alimony.

Once a judge determines that an award of alimony is warranted based on the facts and circumstances of a case, the amount and duration of alimony must be determined. Unlike child support, there are no set guidelines or calculations for determining what constitutes a fair award of alimony. There is no set formula the court uses to determine the amount and duration of alimony. Here are some of the factors courts look at when determining an alimony award:

• The financial resources of each party; When determining whether to order one spouse to pay the other alimony, the court must consider the one spouse’s needs and the other spouse’s ability to pay.
• The duration of the marriage; Longer marriages often, but not always, generate larger alimony awards.
• The standard of living established during the marriage Generally, courts are inclined to want to help a spouse maintain a standard that is as close as possible to that enjoyed during marriage.
• The age and physical and emotional condition of the parties; The court will want to make sure that there is adequate financial support for those who need the help.
• The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment; A spouse (either male or female) who was a full-time homemaker or who has been out of the job market for a long time may need additional training or education.
• The parties’ finances, including their separate estate, earning capacity, and fixed liabilities It’s not just about who has what, but who owes what. Each parties’ contribution to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; This doesn’t just mean income, but homemaking, child care and providing an atmosphere that allowed the other spouse to pursue a career or profession.
• The age and physical and emotional condition of the parties; The court will want to make sure that there is adequate financial support for those who need the help.
• The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment; A spouse (either male or female) who was a full-time homemaker or who has been out of the job market for a long time may need additional training or education.
• The parties’ finances, including their separate estate, earning capacity, and fixed liabilities It’s not just about who has what, but who owes what.

As one can see, the amount and duration of alimony is not easily determined. Different judges and juries in different counties may give varying awards or no award of alimony at all. Our experienced divorce attorneys can help you determine the appropriate amount of alimony, if any, is a likely result given the facts and circumstances of your case. Our firm provides honest and straightforward guidance to determine what is appropriate and fair, whether you are seeking alimony or whether you are being asked to pay alimony. It is imperative you hire an attorney that will fight for you.

Call Bardley McKnight Law for more information about alimony

To schedule a consultation with an experienced Georgia alimony attorney, please contact us at (470) 308-5409 and start protecting your rights!