Alimony is payment made to a spouse or former spouse for support and maintenance. Alimony may be granted to a husband or wife and may be temporary or permanent. Georgia courts have broad discretion in determining whether an award of alimony is appropriate and the amount of such an award. The attorneys at V&T Law work to protect clients’ rights with respect to alimony payments.

 

Temporary alimony is awarded to a spouse to allow that spouse to contest the issues in a pending divorce and may include attorney’s fees and expenses of litigation. In Georgia, temporary alimony is usually paid in cash installments, but it can also take the form of payments to creditors or use of the marital home, for example. Temporary alimony payments are generally intended to continue until the divorce is concluded.

 

Permanent alimony awards alimony on the basis of the needs of one spouse and the ability of the other spouse to pay. Specifically, some of the factors considered by Georgia courts in making alimony determinations include:

  • The standard of living established during the marriage;
  • The length of the marriage;
  • The health and age of each party;
  • The assets of each party;
  • Present earnings and future earning capacity;
  • The contributions of each party to homemaking, child raising, and career building of the other party;
  • Whether the spouse seeking alimony put his or her education or career on hold for the benefit of the family;
  • The time needed for a spouse to acquire education or training to enable that spouse to find employment; and
  • The family’s liabilities and who will assume responsibility for payment of these liabilities.

Alimony may be for a set period of time or may be paid in one lump sum and may take the form of cash payments or an award of property. Alimony that is to be paid over time ends when the spouse receiving alimony dies or remarries. Typically, alimony will not be awarded to a spouse who caused the dissolution of the marriage by their adultery or desertion. In cases where alimony is considered taxable income for the spouse receiving payments, alimony may also be taken as a tax deduction for the spouse making payments.

For additional information about our divorce practice, contact an attorney at Vayman & Teitelbaum, P.C.