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Atlanta Divorce Lawyer > Alpharetta Alimony Lawyer

Alimony, which is also known as spousal support or spousal maintenance, is not always granted in a Georgia divorce, even if you’ve been married long term. If one party is asking for spousal support in a divorce, the court needs to decide whether the person who is asked to pay can afford to pay and whether the petitioning spouse truly needs the financial assistance. The court determines these facts based on the evidence presented and any arguments made in court by each of your attorneys. If you need assistance either seeking or opposing alimony in Georgia, let an experienced Alpharetta alimony lawyer at Buckhead Family Law help. We can help you fight for the desired outcome in your alimony case.

There are two types of alimony recognized in a Georgia divorce — rehabilitative and permanent alimony. Rehabilitative alimony is awarded in situations where one spouse needs assistance on a short-term basis. This period could be while the former spouse is undergoing training or going back to school to relearn the necessary job skills so they can be self-supporting. With permanent alimony, the recipient spouse is granted support on a long-term or permanent basis. The former spouse would receive support until they remarry or pass away if they cannot work due to illness, age, or some other factor. The court also has the discretion to order temporary alimony while the divorce is pending.

When determining whether alimony is necessary, the court looks at various factors, including how each party acted toward the other during the marriage. With any alimony action, the court wants to know the factual cause of the separation, even when you’re filing a no-fault divorce.

If the court decides permanent alimony is necessary, the judge will evaluate many different factors to come up with a fair amount to award. Some of the factors that they review include:

  • The duration of your marriage
  • What the standard of living was during the course of the marriage
  • What the financial resources are for each party
  • Each spouse’s age and physical and emotional condition
  • What contributions each spouse made to the marriage, such as homemaking services, education, child care, career-building of the other spouse, etc.
  • The time necessary for either spouse to undergo sufficient training or education to enable them to find suitable employment (where applicable)
  • The condition of each spouse, which includes earning capacity, separate estate, and fixed liabilities of each party
  • Any other pertinent factors that the judge determines is proper and equitable

The Alpharetta alimony lawyers at Buckhead Family Law can help by presenting relevant arguments and facts to support an alimony award or opposing the need for alimony.

If adultery is the underlying reason for your divorce, the court will not award alimony if one spouse can prove that by a preponderance of the evidence.

To learn more about pursuing alimony or opposing a spousal support award in your Georgia divorce, contact the Alpharetta alimony lawyers at Buckhead Family Law today. Schedule a consultation to meet with one of our experienced and knowledgeable Georgia lawyers who can help with all your family law needs.

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