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- Alimony -

Alimony is the right to spousal support during the pendency of a divorce or as part of the terms of a divorce decree. Either spouse (male or female) can be ordered to pay alimony to the other. The court may grant alimony to one spouse from either the income or the estate of the other spouse. Alimony can be awarded in the form of periodic payments or a lump sum. If periodic payments are awarded, the payments are usually terminated upon the death of the payer spouse or the remarriage of the payee spouse, or upon some other condition specified in the award judgment. A lump sum award is not modifiable. The lump sum award is final and survives the death of either of the parties.

The purpose of alimony is to provide an adequate income stream for the spouse who had become economically dependent on the other spouse. The modern trend is for courts to award less alimony then they did in the past because today women are more likely to work outside the home and therefore tend to be less economically dependent on their spouse.

The court has considerable discretion in determining whether to award alimony. If alimony is awarded, the court has considerable discretion in determining the amount of alimony. The court will consider many factors in determining the amount of alimony, including:

  1. The standard of living established during the marriage;

  2. The duration of the marriage;

  3. The age and the physical and emotional condition of both parties;

  4. The financial resources of each party;

  5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

  6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party

  7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and

  8. Such other relevant factors as the court deems equitable and proper.

Marital fault is generally not a factor in deciding whether alimony should be awarded. The reason the courts do not generally consider marital fault in determining alimony is because the purpose of alimony is not to punish or reward the spouse requesting alimony. However, in Georgia, if the spouse requesting alimony committed adultery or deserted the other spouse and the adultery or desertion was the cause of the divorce, then their claim for alimony is defeated. Mitigating factors such as ability to earn, high marital debts to be paid, etc., may serve to make alimony unrealistic.

In Georgia, either party may choose to have a jury trial to determine the issue of whether and how much alimony should be awarded. An alimony award can be modified at a later date if the facts warrant it or if the parties agree to a modification.

- - Head, Thomas, Webb, & Willis, LLC

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