Divorce brings about a world of change for both spouses involved. Typically, a divorce impacts the current lifestyles that both spouses are used to living, which means that spousal maintenance, otherwise known as alimony or spousal support, will become a topic at hand during the divorce proceeding. If you are considering filing for divorce, or your spouse has recently served you with divorce papers, the experienced attorneys at Vayman & Teitelbaum can assist in determining how Georgia alimony laws will impact you after your divorce.
Types of Spousal Support in Georgia
There are two types of alimony that can be awarded to a spouse in Georgia:
- Permanent Alimony: Permanent alimony is just what it sounds like; it entitles one of the spouses to receive payments from the other spouse either until they die or get remarried. This type of spousal support is typically only awarded in longer marriages in which one spouse was dependent on the other spouse for living expenses or whose income was substantially less during the marriage.
- Rehabilitative Alimony: Rehabilitative alimony, or temporary alimony, is spousal support payments that are scheduled for a limited amount of time. These payments are designed to help the spouse who was more dependent on the other spouse financially to become self-sufficient.
Temporary alimony may be awarded to you during your divorce process if it is determined that you financially depended on your spouse. Typically, permanent spousal support is part of your final divorce decree, and includes how you will receive the payments.
Determining Spousal Support in Georgia
Typically, the court will consider the income and property of both of the spouses, taking into account any property that was awarded in the divorce decree to the party seeking maintenance. The court will also consider the needs of the parties, the spouses’ present and future earning capability, the standard of living established during the marriage, the physical health of both parties, and the length of time they were married. After considering these factors, judges use their discretion in determining whether an award should be made and, if so, in what amount and for what duration. Because there wae no guidelines established, awards vary from case to case because most circumstances of marriages and divorces are different.
Will I Receive Spousal Support
If you were financially dependent on your spouse or you brought in a substantially lower income to the household, you will most likely be eligible for spousal support. However, the court will not automatically award you spousal support just because these factors are true. If your spouse does not want to pay you spousal support, he or she could come to court with a lawyer who will fight to prove why your ex should not have to pay you.
Contact Us for Legal Advice
In order to ensure that you receive the spousal support that you deserve, you need to arrive at court with an experienced Georgia alimony and spousal support attorney. Contact us today at 678-736-7700 to schedule a consultation.