Alimony and Spousal Support in Canton, GA
Roughly 50% of married couples in the United States will land in divorce court at some point. Sadly, divorce rates increase with each subsequent marriage.
Getting a divorce is often a contentious and emotional process. Add children to the mix, and a very volatile situation can erupt. When a couple decides to get a divorce, they need to understand the alimony statutes in their state of residency.
The circumstances behind alimony are usually due to one spouse not having a meaningful income. Or, the spouse may have given up their career to stay at home and care for the kids. There are other reasons someone must make alimony payments, including illness or disability. Here is a guide to better understanding alimony and spousal support.
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Contact the Roswell family law attorneys at Hobson & Hobson, P.C. today at (770) 343-5127. We have a satellite location at 225 Reformation Pkwy Suite 202, Canton, GA 30114 (open Google Maps). Upon calling, one of our experienced professionals will help you begin your journey toward an amicable resolution.
Understanding Alimony
Regardless of who initiates the filing, spousal support allows an individual to maintain their standard of living following the separation. The person ordered to pay alimony or spousal support might feel like they’re getting punished for ending the marriage. It feels worse if you aren’t the one petitioning for the separation.
It’s common for the spouses of celebrities, executives, professionals, and business owners to receive spousal support during a separation. The alimony becomes final following the divorce. Being successful and having earnings in a higher income bracket increases the chances of making alimony payments.
The purpose of alimony isn’t to punish one spouse. It’s to ensure the spouse with no or limited resources can continue to have a quality life. There are multiple things the courts will consider before issuing an order.
The most important considerations of each spouse include:
- Financial assets
- Income
- Earning potential
- Custodial parent
- Current standard of living
- Length of the marriage
Courts will also want to understand the education of the spouse seeking spousal support. Did the spouse give up their career, and are they currently employable in that field?
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Contact Hobson & Hobson Today to Talk to Experienced Spousal Support Lawyers in Canton, Georgia
Types of Spousal Support
Alimony isn’t a one-size-fits-all proposition. As mentioned above, multiple factors influence the court’s decision to award alimony in a divorce.
Permanent Alimony
A spouse can receive alimony indefinitely. This ruling means the person paying support is legally obligated to support their ex-spouse until one or the other dies.
The requirements differ by state. In Florida, a couple must have been married for over twenty years to qualify for permanent support, and one spouse was the only or significant breadwinner. Plus, the spouse seeking alimony has demonstrated their inability to obtain gainful employment.
In Georgia, indefinite spousal support gets reserved for a spouse with a physical or mental disability.
On the bright side, if the support recipient remarries, alimony will end. This ruling applies in every state.
Temporary Spousal Support
Temporary spousal support gets ordered during the separation period and before a divorce becomes final. Following the divorce, a judge can order support to continue until the spouse can establish a suitable way of living. Requirements include securing employment to cover housing, transportation, and other expenses to maintain a quality lifestyle.
A judge can also order you to pay for a former spouse to attend college or enroll in a job training program. It’s important to remember that even though alimony might end, it does not impact child support orders.
Lump-sum Alimony
A solution to a contentious divorce where the parties want to be done with one another is to pay a lump-sum settlement. Lump-sum alimony means both parties agree on an amount in the divorce settlement.
The amount is usually significant and worth the other party agreeing to this arrangement. If the recipient spends the money in a matter of years, the party cannot come back and request more.
This type of settlement negotiation is useful in instances where the person is most likely to remarry or can rebound from the divorce.
What Can Impact Alimony?
Very little can impact a spouse’s ability to collect alimony if they demonstrate a need. However, some aspects of divorce can limit the amount a person receives.
For example, if the spouse seeking alimony caused the divorce, a judge may consider the circumstances. Also, a couple may negotiate a settlement, and the judge finalizes the decision.
Infidelity
One might assume that if the spouse seeking support ruined the marriage by having an affair, they are not entitled to alimony. This reasoning is not an automatic determination.
The divorce judge may rule that support is still warranted but reduce the amount requested.
Limited Income
Not every marriage includes a wealthy spouse that can afford alimony. In many cases, finances play a factor in the failure of the marriage. A judge can determine if a person is underemployed by choice.
In this instance, the person could receive an order to pay alimony, forcing them to get a better job or go from part-time to full-time.
Refusal to Pay Alimony
Spousal support ordered in a final divorce decree is enforceable by the courts. Once the individual receiving the support notifies the court of your failure to pay, the judge will hold a hearing. Once you’re found to be in contempt of the court’s order, you can receive jail time or placed into a diversion program.
Another alternative to enforcing the order is wage garnishment.
Understanding and accepting that paying alimony following a divorce is a legal ruling is crucial. You don’t want to further disrupt your life by creating additional expenses defending your actions. In some states, your unwillingness to pay can lead to the seizure of assets.
In a worst-case scenario, you can lose your job and tarnish your reputation in the community.
Consider a Prenup
The best way to avoid paying alimony following a divorce is to sign a prenup. Prenups protect your assets and establish a pay-out if the marriage ends. Both parties have already agreed to the terms.
If you’re in Canton, Georgia and contemplating a divorce, our alimony and spousal support lawyers are here to help you through the process. Contact Hobson & Hobson for all of your family law needs.
