Posted: July 10, 2008
Alimony is awarded when a judge determines that one spouse owes another spouse money for a set amount of time. Alimony is different from child support. Alimony is paid from one spouse to another to maintain that spouse's standard of living; child support is paid by the non-custodial parent to the custodial parent for the benefit of their children, not the benefit of the spouse.
No one is entitled to alimony by marriage alone, and interestingly, courts may grant alimony to either the form husband or wife. The alimony payments are made via the the income or the estate of the spouse that is ordered to pay it. Also, a judge will determine how the alimony is paid; under Georgia law, alimony may be paid in multiple payments, or via a lump sum. Oftentimes, the alimony is paid until the death of the recipient, a remarriage of the recipient, or for a set amount of time as determined by the court. Alimony is also oftentimes awarded on a temporary basis during the pending of a divorce action.
There are no set rules when it comes to deciding whether or not a judge will grant alimony to a spouse after a divorce. There are, however, a number of factors the court may consider before deciding that alimony is owed by a party.
To begin with, in Georgia alimony is determined based upon the needs of one party, as well as the ability to pay by the other party involved in the divorce. Thus the income and financial state of each party will be carefully examined. The future earnings of all parties involved are also examined.
Second, many times there are non-economic contributions made during a marriage by a spouse. This includes home making and child care, to name a few. These contributions will often be taken into consideration by a judge.
Third, in a Georgia divorce proceeding the standard of living that a couple maintained during their marriage is a factor that the court looks at when deciding on alimony payments.
Fourth are factors that a court will take into consideration when determining the length of time alimony will be paid. The duration of the marriage is an important factor. If one spouse will be able to better themselves and therefore raise their earning capacity through job training, proper schooling is examined. Many courts will also examine any money that has been saved for retirement when deciding on the length of alimony.
Fifth, if adultery or desertion was the reason for the divorce, a person who might otherwise be able to receive alimony might be denied it. Oftentimes, however, alimony is awarded on a temporary basis without regard to any of these issues.
As you can see, there are a number of guidelines a judge may or may not base an alimony decision on. There are not any definitive rules. Thus if you going through a divorce, it is essential that you have a knowledgeable advocate in your court, and you should always consult a divorce lawyer.
I strongly recommend the divorce attorneys at the law firm of Persily & Associates (http://www.persilylaw.com/divorce), based in Atlanta, Georgia, who have handled countless alimony and divorce proceedings for clients throughout the state.
No comments:
Post a Comment