Georgia

Alimony Guide - Spousal Support Laws

What is Alimony?

Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will continue.

What is Considered in an Alimony Case?

In the state of Georgia, alimony is based on a spouse’s duty to support the other after divorce when dependency has been established. An individual going through a divorce may file for alimony if they have become dependent on their spouse during the course of the marriage, whether or not the alimony is decided in a court of law is dependent on several factors.

If the income, estate, and/or potential earning of one spouse is severely less than the other, to a degree which hinders their ability to continue the standard of living established during marriage, they may qualify for alimony payments to be made for them. Alimony payments may be changed or lessened if the individual receiving alimony remarries or becomes dependent to another individual in such a way that their standard of living can be continued without support. Any child support or other monetary benefits received by the individual claiming a need for alimony will be taken into consideration during the case, if the court deems it relevant; this includes payments made to the individual after alimony has been established, as that may change the amount of alimony that is necessary.

During the divorce and following alimony judgment, the court may declare possessions that were gained by one or both spouses to be part of either’s estate and then will be taken into consideration for the need and amount of alimony. The death of either party shall terminate alimony payments, as will the remarriage of the recipient of the alimony payments.

Custody of any children, and any child support required between parties of the divorce, are two other factors in the amount and consideration of spousal support. If the custodian of the child or children is unable to support themselves due to the children being of an age or condition that hinders the individual’s ability to support the child, such as if the spouse must remain home to care for the child, it would severely influence the case for alimony to be received by the custodian of said child or children.

In the end, if an agreement cannot be made between the two parties, alimony is awarded at the final judgment of the judge and court deciding the case.

In the state of Georgia, a number of factors are taken into account when calculating the amount and duration of alimony or spousal support payments.

Is there a set list of statutory factors for calculating alimony?

Georgia has a defined list of factors, described in statutory law, that are legally required to be considered by a judge when determining alimony payments. These factors may be directly connected to the alimony calculation formula.

Is marital fault considered in Georgia alimony?

Georgia considers marital fault when determining alimony payments. This means that "at-fault" divorces, which may be caused by infidelity / adultery, abuse, etc, can result in the at-fault party paying more "punitive" alimony.

Is standard of living considered in Georgia alimony?

Standard of living is considered when calculating alimony payments in the state of Georgia. This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount.

Is custodial status considered when determining alimony in the state of Georgia?

The judge in the state of Georgia does not consider custodial status when determining alimony payments. This means that alimony calculations are not affected by whether or not the receiving spouse has custody of the children.

How exactly is alimony calculated in the state of Georgia?

Calculation of alimony is generally done on a case-by-case basis by the Georgia family court judge who is responsible for the case. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge.

How long must alimony be paid?

The duration of payments is determined by a judge in Georgia family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony.

What happens if alimony isn't paid?

If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

Can alimony be waived by a prenuptual agreement?

A prenup agreement is a contract between spouses regarding marriage-related financial matters signed prior to marriage. Limitation or waiving rights to alimony is a frequent clause in modern prenuptual agreements, but some states or localities prohibit such alimony waivers.

Can alimony be collected if you're not married?

The legal concept of alimony, otherwise known as spousal support, is dependant upon a legal marriage. However, in some areas - especially those with a concept of common-law marriage - "palimony", or support payments between non-married individuals, has been awarded by courts. However, this generally requires extenuating circumstances.

What is alimony mediation?

When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in Georgia family court) or through mutual agreement. Often, a Georgia alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court.

How are alimony payments taxed?

On a federal level, all qualifying Georgia alimony payments are deductible by the payor, and counted as taxable income by the recipient. To qualify as alimony under IRS guidelines, the following must be true:

• The payments are in cash
• The parties live in seperate households
• The payments are strictly for alimony (as opposed to for child support, etc)

Taxation of alimony varies on a state and local level. You can learn more about Georgia income taxes here .