Alimony, or spousal support, is a typical arrangement following divorce in the state of Georgia. Under a few different sets of circumstances, one spouse may be required to make regular monthly payments to the other. These payments may occur for a pre-determined period or may continue indefinitely, depending on the incomes and earning potentials of the two spouses.
In the past, spousal support was almost exclusively paid by husbands to their former wives, reflecting the then-common household arrangement of the man earning the family’s money while the wife remained a mother and homemaker. Today, the spousal support situation is very different, and either spouse can be required to make alimony payments.
In this article, we will examine more closely the circumstances that can lead to the court ordering spousal support payments as part of a divorce settlement and also consider reasons to obtain solid legal counsel to help negotiate alimony.
Why Are Alimony Payments Necessary?
In many marriages, one spouse makes considerably more money than the other. While the couple is married, both members enjoy the same lifestyle, financed mainly by the higher-earning spouse. The lower-earning spouse may remain unemployed to serve as a parent and homemaker, they may have chosen a lower-paying job since the other spouse was making enough money to support the family, or they may be unable to work due to an injury or illness.
Regardless of why one spouse earns less, when the couple divorces, the lower-earning spouse becomes unable to maintain their pre-divorce lifestyle due to the lack of income from their partner. In those cases, the court will often award alimony to the lower-earning spouse.
What Are the Types of Alimony?
In general, spousal support arrangements fall into one of three categories:
- Rehabilitative alimony is an increasingly common form of alimony in which spousal support payments are only required for a set period, usually just a few years. In these cases, it’s expected that the spouse receiving the payments will use that time to find employment or better-paying employment and become self-supporting before the alimony payments stop.
- Diminishing spousal support is similar to rehabilitative alimony in that payments occur only for a set period. However, in this case, the paying partner makes a smaller payment each month until the end of the term.
- Permanent alimony is exactly as it sounds: payments will continue indefinitely. Permanent alimony is typically only awarded in cases where the receiving spouse is somehow prevented from finding employment due to a disability or debilitating injury.
What Qualifies a Spouse for Alimony?
There are no hard-and-fast rules for when alimony will or will not be considered in a divorce. Each divorce has different conditions, and the courts handle each case according to its own merits. Generally speaking, though, if two or more of the following conditions are met, the court will be open to considering awarding spousal support as part of the divorce settlement:
- The spouses have been married for a long time, usually defined as ten years or longer
- One spouse’s earnings are considerably higher than the other’s
- One spouse was a stay-at-home parent or homemaker with no income
- One spouse’s post-divorce income is far too small to maintain the pre-divorce standard of living
- One spouse requires time to obtain training or otherwise develop job skills
- The divorce occurred suddenly, and one spouse is surprised and has not had time to prepare financially
- One spouse is incapable of working due to a disability or other impediment
- An even or equitable division of assets will not provide financial stability for both spouses
- One spouse has a demonstrated financial need that they cannot meet, and the other spouse can afford to pay some of these expenses
Can an Alimony Arrangement Change?
Yes, alimony arrangements can and frequently do change. When one spouse’s financial circumstances change, they can petition the court for a change in the spousal support order. Some common reasons for a spousal support modification include:
- The spouse making payments loses their job or sees a reduction in their income
- The spouse being paid completes their education and begins to work full-time
- The spouse being paid gains a promotion or a new income stream
Can Alimony Payments Be Stopped?
In most cases, when rehabilitative alimony is awarded, the payments will stop when the term of payments expires. However, other circumstances can prematurely end a spousal support order, most commonly when the spouse being paid remarries or enters into a long-term cohabitation with a partner.
Do I Need an Attorney to Help Negotiate Alimony?
Spousal support negotiations are like any other negotiation: some are quick, easy, and painless; others are bitter and contentious. If you and your spouse can agree on an alimony arrangement as part of an uncontested divorce, then your agreed-upon arrangement will become your eventual support agreement once the divorce is finalized. Otherwise, the courts will ultimately decide whether alimony is awarded, the amount, and the duration.
In any of these cases, it is vital that you have solid legal representation on your side. Even if there are few disagreements between the parties involved, allowing your lawyer to speak on your behalf during negotiations, alternative dispute resolution sessions, and court proceedings will ensure that your side of the case is being heard fairly and accurately.
Are You Going Through a Divorce? We Can Help: Call EMC Family Law Today!
If you think you may be eligible for alimony, we can help you secure the income you need. Contact a legal team that understands how to reach equitable and fair spousal support arrangements. Give us a call and let us guide you through your next steps: 770-225-7000
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