Alimony may be granted in Georgia in cases of divorce.
Alimony is an allowance out of one spouse’s (or ex-spouse’s) separate estate for the support of the other spouse when the spouses are living separately. The purpose of alimony is to provide the support to one spouse, or ex-spouse, if that spouse is in need of economic support. Georgia law requires that the principles of liability for alimony apply equally to women as well as to men.
There are different types of alimony:
Temporary Alimony Typically refers to alimony that is paid by one spouse to the other spouse during the pendency of the divorce case
Periodic Alimony Refers to periodic payments of alimony over the course of a certain period of time and which may terminate upon certain conditions such as remarriage by the receiving party
Lump Sum Alimony Is when one spouse pays the other a lump sum of money from the other spouse’s estate. The may be a one-time payment or paid over a specific period of time. However, lump sum alimony will not be subject to termination on any conditions.
Permanent Alimony Despite its name, it does not necessarily mean the alimony is permanent. While alimony may be permanent, this typically means alimony that is incorporated into a final judgment and decree of divorce.
Permanent alimony may be granted (1) in cases of divorce, (2) in cases of voluntary separation, or (3) where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse. “Alimony” and “equitable division of property” are not not the same thing.
“Alimony” is an allowance out of one party's estate for the support of the other party when living separately, whereas “equitable division of property” is an allocation of assets acquired during the marriage to the parties based on their respective equitable interests in those assets.
Alimony is to be awarded to either spouse in accordance with the needs of the spouse and the ability of the other spouse to pay. Alimony is not for the purpose of penalizing a spouse for misconduct.
Unlike child support, there is no alimony formula or alimony worksheet in Georgia. In order to determine the amount of an alimony award, courts consider the following factors:
The duration of the marriage;
The standard of living established during the marriage;
The financial resources of each party;
The age and the physical and emotional condition of both parties;
If applicable, the time necessary for either party to acquire sufficient education or training to enable him or her to find appropriate employment;
The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties;
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; and
Such other relevant factors as the court deems equitable and proper.