Alimony is a payment one party makes to the other for a period of time after a divorce. Alimony in Georgia can be either temporary or permanent, depending on the circumstances. A party wishing to receive alimony after the divorce must specifically request that it be ordered by the court overseeing the divorce. If the other spouse opposes alimony, both parties will have to litigate the matter, with the judge making the ultimate decision over whether to order alimony, which type of alimony is appropriate, and how much to award. Kresky Law plays a pivotal role for clients in this critical aspect of divorce. We represent parties seeking an alimony award as well as those being asked to pay, providing knowledgeable and insightful advice and effective representation in court that protects our clients’ rights, promotes their interests, and helps them achieve their goals.
Determining Whether Alimony Is Proper
Some threshold questions when alimony is being requested are whether the requesting party has proven a need to receive alimony and established that the other party has the ability to pay what is requested. Kresky Law has years of experience and works with numerous experts and professionals to provide the court with the evidence it needs to rule on these initial matters.
The court will also consider facts related to each party’s conduct during the marriage, including instances of marital misconduct and whether a party’s bad behavior contributed to the breakdown of the marriage. Courts can consider these factors in an alimony determination even if the divorce itself is being sought on no-fault grounds. If adultery or desertion by the party asking for alimony is proven in court by a preponderance of the evidence to have led to the marriage’s breakup, that party will not be entitled to receive alimony.
Types of Alimony in Georgia
Alimony in Georgia can be awarded temporarily or permanently. Temporary alimony is also known as rehabilitative alimony. It is meant to last for a short time to provide the party with financial assistance while they acquire the education, training or work experience necessary to become financially independent. A party requesting temporary alimony should have a plan that outlines their path to becoming self-sustaining, including the time and cost involved.
Georgia courts can also order alimony to be paid permanently, or until the party receiving alimony either dies or remarries. Permanent alimony might be awarded if the requesting party is unable to work because of factors such as age, illness or disability. In ordering permanent alimony, the court will review a host of factors to decide on an appropriate amount. These factors include:
- The standard of living as it was established during the marriage
- The length of the marriage
- Each party’s age and health
- The financial status of each spouse, including their separate property, earning capacity, financial resources, and liabilities
- How much time a party would need to find suitable employment, if applicable
- How much each party contributed to the marriage in terms of running the household, taking care of the children, or contributing to the other spouse’s education or career advancement
Our skilled litigators at Kresky Law will prepare and present a strong, persuasive case regarding all relevant factors that support our client’s needs and goals regarding the issue of alimony in their divorce.
Contact Kresky Law for Help With Alimony in Your Atlanta Divorce
If you are seeking alimony in your Georgia divorce or being asked to pay, Kresky Law can help ensure you are treated fairly and that any alimony decision reflects your needs and goals. Call our Atlanta family law firm today to talk about the issues in your divorce and formulate a strategy for a successful resolution.