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What factors will courts consider when awarding alimony?

On Behalf of | Jul 16, 2021 | Spousal Support, Uncategorized |

It takes many years of schooling to land a job as a professor at the University of Georgia. Once you do, it takes even more time and effort to gain tenure. However, all this hard work can pay off by giving you a job that you are passionate about. While you may experience career success your marriage may not be as successful leading to the decision to divorce. One topic divorcing couples in Athens may be especially concerned about is alimony.

What is alimony?

Under Georgia law, alimony consists of payments the higher-earning spouse pays to the lower-earning spouse following a divorce. Alimony can be temporary or permanent. A spouse cannot receive alimony if it is shown by a preponderance of the evidence that the spouse seeking alimony committed adultery or deserted the other spouse. Alimony is awarded in accordance with the needs of the receiving spouse and the ability of the other spouse to pay.

What factors will be considered when awarding alimony?

When a judge is determining how much to award in alimony the following factors will be considered. The judge will consider the standard of living the spouses enjoyed while married as well as how long the marriage lasted. Each spouse’s age and health will be considered. The judge will also consider each spouse’s financial resources. Whether either spouse needs time to obtain the necessary education or training to find an appropriate job may be considered. The judge will also consider each spouse’s contribution to the marriage including caring for the family and supporting the paying spouse’s education and career. Each spouse’s separate property, earning capacity and fixed liabilities will be considered. Finally, the judge will consider any other relevant factors.

Learn more about divorce in Georgia

When a couple in Georgia seeks a divorce, alimony is just one issue that needs to be resolved. Other issues such as property division, child custody and child support may also be present in a divorce. This post is for educational purposes only and does not contain legal advice. Our firm’s divorce FAQ webpage may be of interest to those who want to learn more about divorce in Georgia.