There are various terms for alimony. Some people call it spousal support and others refer to it as spousal maintenance. Nonetheless, no one is entitled to alimony by virtue of marriage solely. Firstly, alimony can be awarded to either spouse, on a temporary or permanent basis, to provide for the needs of a spouse upon legal separation or divorce. Secondly, the purpose of spousal support is to avoid the unfair economic consequences of a divorce. Thirdly, adultery or desertion are each a bar to receiving alimony. Therefore, an alimony attorney can assist with assessing one’s position for an alimony claim.
Similarly, there are legal guidelines in the state of Georgia for determining alimony, which weighs the needs of one spouse versus the other spouse’s ability to pay. The numerous factors for consideration by the court are:
- the contribution of each spouse in the acquisition of marital property;
- the financial resources of each spouse;
- the length of the marriage;
- the age of each spouse;
- the value of each spouse’s separate property;
- the physical and emotional condition of each spouse;
- the earning capacity of each spouse, financial obligations, liabilities;
- standard of living established during the marriage;
- and the necessary time for a spouse to receive education or training to find employment.
An alimony attorney will analyze each of the above factors against the specific facts of a case and any applicable defenses. Sometimes all the necessary information is not readily available, at the beginning of a matter, until further investigation. The discovery process in a case may provide the additional and pertinent information. The trier of fact will assess the exact amount of alimony if any, and payment terms. The trier of fact has a lot of discretion regarding alimony. To schedule a detailed consultation with Attorney Tiffany R. Lunn, Contact Us Online or call our office at 770.492.2974.