The end of a marriage can put many people in difficult financial situations. A spouse in an unhappy marriage should never feel obligated to stay married out of fear of being unable to support themselves financially. As a result, a Georgia Court may order one party to provide spousal support, also known as alimony, to the other party. The end of a marriage can put many people in difficult financial situations. A spouse in an unhappy marriage should never feel obligated to stay married out of fear of being unable to support themselves financially. As a result, a Georgia Court may order one party to provide spousal support, also known as alimony, to the other party.
Essentially, the alimony order is intended to provide support to a spouse who needs financial support after the dissolution of the marriage. This can be on a temporary basis while the divorce case is pending, or maybe a permanent order depending on the specific circumstances.
An Atlanta spousal support lawyer could help you better understand Georgia’s alimony laws. This can include helping you understand what to expect in a divorce and how to petition a court to enforce an order when a party falls into arrears. Throughout the process, a dedicated family lawyer can help you make sure you have the resources you need to move on following a divorce.
In the past, a husband may be ordered to pay monthly sums to a now ex-wife after the end of a marriage. This was because the husband was traditionally the breadwinner in the marriage and the wife may be left destitute without her husband’s income.
With changing times, the laws concerning alimony have also changed. With both spouses having a job in many marriages, the frequency of orders for alimony have decreased. Still, if the end of the marriage would leave one party at a financial disadvantage, the court may order the other to provide spousal support.
O.C.G.A. §19-6-1 states that a court may enact an order of alimony in accordance with the needs of one party and the other’s ability to pay. However, alimony is never a required part of a divorce. Rather, both parties may agree to alimony payments as part of a private divorce settlement, or the court may order alimony to be paid to a party. An Atlanta spousal support lawyer could explain the legal basis for an alimony order.
Courts have a great level of autonomy when considering the amount of alimony that a person may have to pay. According to O.C.G.A. §19-6-5, a court will consider the following factors when making a ruling concerning spousal support:
This last portion is especially important. If a divorce is the result of desertion or adultery, the allegedly guilty party generally cannot collect alimony. Further, any enacted alimony order will usually end if the receiving party remarries. An Atlanta spousal support lawyer could outline the legal requirements for an alimony order and help determine whether alimony is appropriate.
One major part of many divorces is spousal support or alimony as it is known in Georgia. Georgia law states that either party in a divorce may request an alimony order, but in no event is a court required to enact such an order.
An Atlanta spousal support lawyer could help you push for proper alimony orders during a divorce. Attorneys could also help people who need to ask a court to help enforce an already existing order or modify an order that no longer works. Contact an attorney today to see how they could help you.