Types of Criminal Charges

How Much Alimony Will I Need to Pay?  How Much Alimony Will I Receive? 

Determining Alimony Amounts and Duration During and After a Divorce

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.

Factors that Are Considered When Negotiating Alimony

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:

  1. The standard of living during the marriage
  2. The duration of the marriage (how long you were married)
  3. The age and physical and emotional condition of both parties
  4. The financial resources of each party
  5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable them to find appropriate employment
  6. The contribution of each party of the marriage, including but not limited to; services rendered in homemaking, child care, education and career building of the other party.
  7. The condition of the parties, including the separate estate, earning capacity and fixed liabilities of the parties and
  8. Such other relevant factors as the court deems equitable and proper.

Issues that Can Change or Eliminate Alimony

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.

How Soon Will Alimony Payments Start?

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. 

Forms of Alimony

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.

Questions about Alimony?  We Can Help

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.

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We have three options for the first meeting with a member of Hobson & Hobson, click here to read about how to take the first step.