When two spouses realize they are heading for a divorce, it’s very normal for both parties to be very concerned about the amount of alimony, either what they will pay or what they will receive. Alimony can be great source of conflict during the divorce process as there are not clear-cut guidelines for how much a spouse should pay or receive.
The general idea behind alimony is that the non bread-wining spouse, whose primary responsibility during the marriage was taking care of the household, is not at a great financial disadvantage at the end of a marriage. Alimony is meant to either help maintain the lifestyle that was afforded to the spouse during the marriage, or allow for them to pursue education or training and eventually financial independence.
Alimony is ultimately determined by one spouse’s ability to pay and the other spouse’s need for financial support. Alimony can be “Rehabilitative” or “Permanent” depending on the receiving spouse’s ability / time it will take to become financially self-sufficient. The issues that will be considered when determining alimony are as follows:
Most states simply look at the financial factors to determine alimony. However, in Georgia the conduct of each spouse during the time of the marriage can also affect the amount they pay or receive. In cases of adultery or abandonment one spouse can be completely banned from receiving alimony. If you are involved in a divorce where there is adultery involved it must be handled very carefully; to read more about how Hobson & Hobson can help you work through a divorce involving a cheating spouse click here.
If the person who is receiving alimony is re-married, they will stop receiving alimony unless otherwise stipulated.
In Georgia, you can be ordered to start paying alimony before the divorce is finalized. This is called “Temporary Alimony or Support which means alimony/support while the divorce is pending litigation. This is support paid from one spouse to the other when they are separated but not yet divorced.
Typically alimony is in the form of a cash payment directly between the two spouses. In certain situations, one spouse may end up directly paying the on-going bills and expenses for the household for a designated amount of time. Alimony can also be awarded in the for of temporary possession of a physical asset or piece of real estate. This is most common in situations where one spouse is granted the on-going use of the marital home for a specific amount of time.
Firm answers can be difficult to come by when talking about alimony because they rely on so many variables. If you are looking for an attorney to help you work through the divorce process, the experienced attorneys at Hobson & Hobson in Marietta are dedicated to working with you toward the best possible result. To learn about your options for the first meeting with Hobson & Hobson, click here.
We have two options for the first meeting with a member of Hobson & Hobson, click here to read about how to take the first step.
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