Atlanta Spousal Support and Alimony Attorneys
Going through a divorce is likely one of the most difficult things you will encounter in your life. It is frequently emotionally devastating and, in some cases, can create tremendous financial hardship for one or both parties. This is especially true if one spouse relied heavily or even solely on the other’s income, particularly if the couple was married for a long time. In those instances, the Georgia court may determine that the primary wage earner during the marriage should pay spousal support or alimony to their ex-spouse following the divorce, either temporarily or permanently.
On the other hand, you may be ordered to pay spousal support or alimony in an amount that creates an unmanageable burden, or for an exceptionally long period of time. People who are not experienced in the Georgia spousal support and alimony process often have no idea what to expect, or what is fair for their particular situation.
Call the Atlanta prenuptial attorneys at Kessler & Solomiany, LLC. We not only help people with prenups, we help divorcing individuals navigate through the emotional and practical details of the divorce process, including spousal support and alimony. We are able to think about things that you likely haven’t thought of, and we bring objectivity to an often gut-wrenching process. Our compassionate divorce attorneys have both the skill and the diplomacy to help you through this difficult time, and to fight for a fair outcome on your behalf. Give us a call today at (404) 688-8810 to discuss the facts of your situation and see how an experienced Atlanta alimony attorney can help.
What Is the Difference Between Spousal Support & Alimony?
In Georgia, there is no difference between spousal support and alimony. The state law governing this financial support defines alimony as “an allowance out of one party’s estate, made for the support of the other party when living separately.”
Even if one party in a marriage will have a great financial need following a divorce, and the other party has the ability to pay, it doesn’t guarantee that the court will award alimony to the needy party. If, for example, it can be proven that the spouse requesting alimony committed adultery or abandoned the marriage, that may make a difference. Georgia law looks more favorably on the other spouse who was injured by those actions and will likely not grant alimony to the party whose actions directly led to the end of the marriage.
If the judge does decide that one party should pay alimony to their ex-spouse, Georgia law has no set formula to use for calculating the amount. This means the judge has the discretion to decide how much they should pay and for how long, likely taking into consideration the financial means of the paying party, and the current and future financial needs of the one receiving the alimony payments.
The judge can also take into consideration the “standard of living” the couple enjoyed during the marriage, as well as how long they were married, ages of the parties, individual and marital debts, and the contributions that each spouse made to the marriage. Those contributions aren’t necessarily just financial ones. For example, if one spouse stayed home and cared for the couple’s children so the other spouse was able to work, the court will consider that childcare to be a significant contribution to the marriage and the couple’s standard of living.
Alimony is separate from child support. It is possible for a divorced parent in Georgia to receive child support to help care for any children in their custody as well as alimony.
How Long Will Alimony Be Paid?
In Georgia, the judge may decide to make the alimony payments temporary or permanent, depending on the circumstances. For example, if the spouse receiving alimony has never worked and has no formal education or training, the judge may order permanent alimony, particularly if the couple was married for many years. On the other hand, if the judge determines that the party receiving the alimony has the ability to make an adequate living to support themselves, the judge may order temporary alimony until that person’s financial and living situation improves.
If the person receiving alimony remarries, state law declares that the order for alimony payments is no longer in effect. The party making the alimony payments may also ask the court to modify the order for alimony if they find out that their ex-spouse’s financial situation has significantly improved, such as with an inheritance or lottery winnings. It’s important to consult with an experienced Atlanta alimony attorney like those at Kessler & Solomiany, LLC to help with alimony modification requests to the court.
Why Choose Kessler & Solomiany, LLC to Represent Me
Emotions often run high in a divorce, and those emotions can interfere with your ability to think logically. That is understandable. You need to consider not just your needs today, or while the divorce is pending, but also how the decisions made today will affect your future. Particularly in situations where the divorce is long and drawn out, as can be common when the marriage has lasted for many years, parties often experience fatigue and express a desire to “just get it over with.”
Hiring the right Atlanta alimony and spousal support attorney, who has experience with these types of cases, may be the most important decision you make during this time. You need an attorney who is not just objective, but compassionate. We understand the desire to get the process over as quickly as possible so that you can move on with your life, but we also have the ability to balance that desire with an outcome that is in your best interests. We can help make sure that your emotions don’t rule the divorce process.
We Can Help. Contact Us Today
It may be hard to believe now, but soon this difficult time will be behind you and you will be happy and want a stable life again. That’s what we at Kessler & Solomiany, LLC want for you, too. Don’t let this unfortunate situation negatively impact your chances of a happy future. Give us a call today at (404) 688-8810 and let’s talk.