Atlanta Alimony Attorneys

Skilled Alimony and Spousal Support Lawyers Serving in Atlanta, Georgia

atlanta alimony lawyers The topic of alimony often brings out strong feelings. The terms alimony, spousal support, and maintenance all refer to the same legal concept, although your lawyer might use them interchangeably. To keep things simple, we’ll stick with the term “alimony” here. Many people view alimony as an outdated and unfair practice, a sentiment deeply embedded in societal views. Skilled Atlanta alimony attorneys can provide clarity and guidance on the various aspects of alimony and spousal support.

Frequently Asked Questions About Alimony

Alimony is a key component of many divorce settlements, but it can also be one of the most confusing. Here are some common questions you might have:

Who is required to pay alimony?
How much alimony should be paid?
What should you understand before discussing alimony?
How can you calculate what you might receive?
Who determines the amount of alimony?
How long will alimony payments last if granted?

The team at Kessler and Solomiany‘s Atlanta alimony lawyers is ready to provide answers to these questions and any others you might have.

Understanding the Different Types of Alimony & Spousal Support

Alimony, or spousal support, primarily serves to support a spouse who might not be able to sustain themselves financially during or after a divorce case. Its goal is to help the recipient spouse become self-reliant. This process may involve acquiring new skills, obtaining education, re-entering the workforce, or becoming financially self-sufficient in other ways. Because these changes require time, the courts often grant what is known as “rehabilitative” alimony, which is temporary financial assistance designed to help a spouse regain stability.

Rehabilitative alimony is typically short-term, helping a spouse get back on their feet following a divorce. In contrast, some situations may warrant long-term or even lifetime alimony, though such awards are becoming less common as more individuals enter the workforce and can support themselves independently. Lifetime alimony is usually reserved for specific cases and should be discussed with an attorney to understand how it might apply to your situation.

Additionally, spousal support can be awarded in different forms, such as periodic payments or a lump sum, depending on the circumstances of the divorce. Each option has its implications and should be considered carefully with legal guidance.

Periodic vs. Lump Sum Alimony: Key Differences

When it comes to Atlanta alimony, there are typically two types: periodic and lump sum, each with distinct characteristics and implications.

Periodic Alimony is paid at regular intervals, such as monthly or annually, and is usually based on certain conditions or an uncertain duration. It’s important to note that periodic alimony can be modified unless specifically made non-modifiable by a settlement agreement between the parties. This type of alimony may also have tax implications; it can be tax-deductible for the payer and taxable for the recipient, depending on the jurisdiction.

Lump Sum Alimony, on the other hand, involves a fixed total amount divided into set payments. The key feature of lump sum alimony is that once set, it is generally non-modifiable, meaning it cannot be changed regardless of circumstances. Despite the name, lump sum alimony does not always mean a single payment; it often involves a series of payments that collectively add up to the predetermined total. However, it’s commonly given as a one-time payment. Even if paid over time, the total amount remains fixed and is not subject to modification.

Understanding these differences is crucial for anyone navigating the complexities of divorce settlements, and it’s wise to consult with our family law attorneys to determine the most suitable type of alimony arrangements for your situation.

How Alimony is Determined

Each state has developed its own criteria for determining both the amount and duration of alimony that one spouse should pay to the other. Similar to child support, some states use specific alimony guidelines to help make this determination. It’s essential to consult with a local attorney to understand the particular factors considered in your state.

Many states reference the Uniform Marriage and Divorce Act as a guideline, which suggests that alimony should be set at amounts and for periods that the court considers fair, after evaluating all relevant factors. These factors include:

Financial Resources of Both Parties: The economic status and capabilities of each spouse.
Ability of the Party Seeking Alimony to Obtain Education or Meaningful Employment: Whether the spouse requesting alimony can become self-sufficient through further education or employment.
Standard of Living Established During the Marriage: The lifestyle maintained by the couple during their marriage.
Duration of the Marriage: How long the marriage lasted.
Age and Emotional Condition of the Spouse Seeking Alimony: The age and psychological state of the spouse asking for support.
Ability of the Spouse Paying Alimony to Simultaneously Meet the Needs of Both Spouses: Whether the paying spouse can afford to support themselves while providing alimony.
Fault: In many states, the court may consider marital misconduct when deciding on alimony.

Understanding these factors can provide a clearer picture of what to expect in alimony proceedings and underscores the importance of professional legal advice in these matters.

Alimony Determination: An Example Scenario

Consider this scenario: Jonathan and Melissa have been married for 18 years. Over the last ten years, Jonathan has earned more than $200,000 annually, while Melissa worked as a secretary earning $30,000 a year until they had their child ten years ago. Since then, Melissa has been a stay-at-home mom.

Given the details of their situation, the court is likely to consider this a long-term marriage. It will recognize that Melissa may need some time to re-enter the workforce. Consequently, Jonathan might be required to pay spousal support for several years to support Melissa as she transitions back into a profeslasional role, reflecting the marriage’s lengthy duration.

Several other factors could also influence the alimony decision, such as the couple’s other financial resources or any marital misconduct. However, spousal support decisions are typically made on a case-by-case basis. While some states have guidelines to help judges make these decisions, it’s essential to discuss your specific circumstances with a local attorney to understand how the Georgia law applies to you

Reach Out to Our Atlanta Alimony Attorneys Today

If you’re considering legal representation, it’s important to consult with a professional. Don’t wait to discuss your situation. Instead of just reaching out to a family friend who is a lawyer or searching online, consider speaking with an experienced attorney from our specialized team at Kessler & Solomiany, LLC. You can contact us today at (404) 688-8810 to schedule an initial consultation. We’re here to help you navigate your circumstances with expert advice.

Alimony Guidelines Podcast and transcript
Show Me the Money: Helping Clients Find and Protect Assets in a Divorce