Absolutely not. In fact, if anything, the opposite is true. The percentage of ex-spouses receiving alimony has plummeted from 25 percent in the 1970s to just 10 percent today. Advancing economic opportunities for women explain much of the decline. In Georgia, as in most other red states, alimony is a means to an end. These payments help obliges, who are mostly women, achieve economic self-sufficiency.
However, although the gender gap in employment has narrowed considerably, it still exists. So, if an obligee has an economic need and an obligor has the ability to pay (not necessarily the willingness to pay), a Marietta family law attorney can obtain the spousal support an obligee needs to become economically self-sufficient as quickly as possible. We should note that obligors also have significant legal and financial rights in these situations, and only a good Marietta family law attorney can uphold these rights.
Initial Determinations
As is the case in most states, several types of alimony are available in Georgia. However, these payments could be cash or non-cash payments. This feature is practically unique to Georgia law.
Temporary
Perhaps the most common type of alimony provides for the support and maintenance of one spouse while a divorce or separation action is pending. If spouses are living in separate homes during this period, temporary alimony might be intended to help preserve assets, such as home equity, or to protect credit. Failure to pay liabilities like mortgages, loans, and credit card debt will very likely impact a person’s credit score.
Under Georgia law, a divorce cannot be an unfair financial burden on any spouse. If one spouse puts off buying a new car and the other spouse files bankruptcy, they bear unequal burdens.
Typically, temporary alimony is available if Husband makes all of the income and Wife stays at home with the kids. If Husband moves out, Wife needs money to pay the bills and take care of the kids. Therefore, Husband must pay temporary alimony to Wife while the divorce is pending.
Wife’s case for temporary alimony is even stronger if Husband unexpectedly filed for divorce or marital trauma, like physical abuse, unexpectedly ended the relationship.
Judges usually award interim alimony at temporary hearings. During these hearings, in addition to temporary alimony, the judge lays ground rules in other areas, such as child custody, visitation, child support, debts, and possession of real and personal property on a temporary basis.
As a practical matter, temporary alimony and other orders become final orders, unless financial or other relevant circumstances drastically change. Typically, Wife gets a job, and a Marietta family law attorney argues that she no longer has an economic need, or at least has a lesser economic need. If Wife isn’t working, Husband can argue that she isn’t diligently seeking employment.
Periodic Alimony
Periodic alimony is the most common kind of post-divorce alimony. The amount and duration of payments are based on several factors, such as:
- Standard of living during the marriage,
- Relative assets and income of each spouse, including nonmarital property awards,
- Length of the marriage,
- Future income potential of each spouse,
- Amount of time and effort the obligee needs to become self-sufficient,
- Relative age and health of each spouse, and
- Fault in the breakup of the marriage.
These same amount and duration factors also apply to temporary alimony and, to a lesser extent, permanent alimony.
As a practical matter, periodic alimony is often an extension of temporary alimony. That’s especially true if the divorce takes less than six months to resolve. Financial situations usually don’t radically shift that quickly.
Our hypothetical Wife probably needs more than three or four months to complete a degree and find a job that enables her, and any children living with her, to have roughly the same standard of living they had during the marriage.
Permanent Alimony
In rare cases, judges may determine that a spouse deserves permanent alimony. Permanent alimony might mean permanent cash payments, or it might involve the use, ownership, or possession of real, personal, or intangible property legally owned by the other spouse.
Permanent alimony is rare. It’s usually only available if the obligee cannot possibly become economically self-sufficient. Some reasons may include:
- Serious or chronic illness, such as cancer,
- Permanent conservatorship of a disabled child that needs 24/7/365 care,
- Severe physical or mental disability that also qualifies for full VA disability or Social Security Disability,
- Advanced age that limits work opportunities, and
- The end of a marriage that lasted more than twenty-five years.
Even in these situations, permanent alimony isn’t automatic. For example, if Wife is very old but has a wealthy family to support her, she may not need permanent alimony, even if she’s unable to find a good job.
Subsequent Modifications
Modifying any kind of alimony is usually a two-step process. First, a Marietta family law attorney must prove that relevant financial or emotional circumstances have sufficiently changed. Second, the judge must revisit the amount and duration of payments.
The obligor’s or obligee’s substantial change of financial circumstances could justify spousal support modification. Usually, a “substantial” change is about a 10 percent increase or decrease. Frequently, a Marietta family law attorney uses lifestyle changes, such as a new car, to establish an income change.
Emotional changes could also affect the duration of payments. The obligee’s remarriage terminates alimony payments as a matter of law. A marriage-like relationship could have te same effect. Some factors to consider include the length of the relationship, cohabitation (if any), and cross-contributions (e.g. boyfriend gives money to girlfriend’s child).
Alimony isn’t automatic in Georgia, but several types of spousal support are available. For a free consultation with an experienced Marietta family law attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
