Separating and divorcing spouses have to figure out how to start life over without the support of their husbands and wives. After all, if both spouses are wage-earners, divorce can mean losing a substantial portion of the household income. It’s even more frightening when a spouse has not worked in years, and must now return to an unfamiliar job market. Fortunately, Georgia law allows spouses to petition the court for spousal support, which is commonly referred to as alimony. E.N. Banks-Ware Law Firm, LLC, represents spouses on both sides of alimony cases, and our family law attorneys will fight for terms that are reasonable and fair to you.
There are numerous misunderstandings that surround alimony. Spouses who are ordered to pay often view it as punishment or believe they will be forced to underwrite the other party’s expensive lifestyle. Those who are asking for it commonly believe it is subject to a formula, the way child support is calculated. Both are untrue.
It is improper for a court to use alimony solely to punish one spouse. Although marital conduct – and misconduct – will be considered by a court in deciding alimony, it is but one of several factors. Not to mention that marital conduct cuts both ways. If the other spouse accuses you of ending the marriage, you can do the same.
Similarly, an award of alimony is not designed to compel a spouse to fund the other party’s lavish way of life. Rather, the goal of alimony is to ensure that both spouses can economically support themselves after divorce. A proper award of alimony balances one spouse’s needs with the other spouse’s ability to pay. There are guidelines the court has to consider, but awards vary from one case to the next.
Lastly, alimony is only available to married spouses who are divorcing. If you are not married or you are cohabiting with a partner, you will not be entitled to it.
Both the receiving spouse and the paying spouse must submit financial disclosures to the court. These disclosures provide critical details about the parties’ financial standing; that is, the receiving spouse’s needs and the paying spouse’s ability to provide support. Some of the information that may be disclosed to the court includes:
By statute, the court is required to consider these factors in making its alimony decision:
The court may order a lump sum or periodic payments of alimony.
Temporary alimony may be ordered while the divorce is proceeding. A spouse who has no means of support or is in dire financial need should seriously consider requesting this. Payments can be ordered as frequently as the judge sees fit, whether weekly, bi-weekly, monthly or otherwise.
Once the divorce is granted, the judge may order permanent alimony. But the word “permanent” is misleading. The intent of alimony is to help a dependent spouse get back on his or her feet following a divorce. In most cases, alimony will only be ordered for a certain period of time.
Alimony orders usually specify an end date, but requests to modify or terminate the obligation can be made before then. Generally, a party cannot ask the court to modify or terminate alimony until at least two years have passed from the date of the order.
A person requesting a modification or termination must also demonstrate a significant change in circumstances since the prior order. Lump-sum alimony payments are not modifiable or subject to termination. Only periodic alimony can be changed.
One of the more common reasons to request a modification is that either party has experienced a change in income. Cohabitation can also support a request to modify. But cohabitation does not require a judge to terminate alimony, only to change it. A spouse requesting a modification on this basis must also meet the legal definition of cohabitation. In Georgia, it means dwelling continuously and openly in a romantic relationship with someone else.
Two factors that will terminate alimony are the death of either spouse or remarriage of the receiving spouse. But if the alimony was either lump sum or meant to constitute a property settlement with the other spouse, it may be collected from the estate of the deceased spouse.
Whether you are seeking alimony or it is being requested of you, let us help. We understand the financial challenges that alimony poses to both paying and receiving spouses, and will work towards an outcome that is in your best interests. Contact E.N. Banks-Ware Law Firm, LLC, today to set up your consultation.
