Even if both spouses are working outside the home, it is likely that they are bringing in different amounts of income. If the couple decides to get a divorce, the spouse that is earning less money may have a more difficult time maintaining the marital lifestyle to which they had become accustomed. This is especially true for full-time stay-at-home parents and other spouses who do not earn an income.
Factors in determining alimony
Under Georgia law, spouses are permitted to request alimony or spousal support as part of their divorce proceedings. Generally, however, alimony is typically awarded to non-earning or lesser-earning spouse.
If alimony is awarded, the higher-earning spouse will pay the lesser-earning spouse a specific amount every month on a temporary or permanent basis.
A Georgia court may consider any factor it deems to be fair when determining whether a spouse should be entitled to alimony and how much they should receive. Some of the factors under O.C.G.A. 19-6-5 include:
- Length of the marriage.
- Standard of marital living.
- Age and health of each spouse.
- Income and earning potential of each spouse.
- Length of time needed for lesser-earning spouse to do what they need to do to obtain a job/better job (e.g., learn new job skills or get a degree).
- Contributions made by each spouse to the marriage.
Types of alimony
In Georgia, alimony can be awarded on a temporary or permanent basis:
- Temporary (pendent lite): Under O.C.G.A., Sec. 19-6-3, short-term alimony is intended to support spouse until divorce is finalized. Payments may continue for a short amount of time after the divorce to give the spouse an opportunity to obtain additional education or work experience.
- Permanent: Under O.C.G.A. 19-6-4, permanent alimony can be awarded in cases involving divorce, voluntary separation, or abandonment. It is typically awarded in long-term marriages if one spouse is unable to work or support themselves financially. Permanent alimony may be stopped if the payee spouse remarries.
If you earn significantly less money than your spouse, you may be entitled to alimony in the divorce. The money you receive each month can help support you while you work to become financially independent.
