There are no specific rules or regulations in Georgia that govern spousal support. If the couple cannot reach a mutual agreement on spousal support, then the court will make that determination based on many factors. There are few cases in which lifetime or permanent spousal support is awarded, although, under certain circumstances, it could be. One of the most significant factors in the determination of spousal support is the length of the marriage. If the Georgia Court determines spousal support is appropriate, then the longer the marriage, the longer the support will be paid in many cases.
This means that a marriage that lasted 40 years is more likely to result in an award of spousal support than a three-year marriage. However, this is not a given. The Court will consider the standard of living the couple had during their marriage, along with whether one spouse truly needs alimony and whether the other spouse can pay.
Generally speaking, if one spouse needs support and the other can pay, they may award spousal support in a marriage of ten years or less. However, the length of spousal support typically lasts about a third of the length of the marriage (3-4 years for a ten-year marriage).
Other Factors the Courts Consider When Awarding Spousal Support in Georgia
When determining need, if both spouses are working and making a somewhat equal income, then the courts are unlikely to award spousal support. Other factors the courts consider when awarding spousal support include:
- The division of assets between the spouses
- Whether one spouse has significant non-marital assets while the other does not
- Child support paid by one parent to the other
- Whether there was a fault in the marriage. While this is usually not a significant issue in the division of assets, if the requesting spouse was committing adultery, which was also the cause of the divorce—and you can prove it—then the judge may not be inclined to award spousal support.
- Both spouses’ physical and emotional condition, including age, whether either spouse is disabled or has an emotional state requiring extensive treatment, and whether the spouse requesting support has worked or has marketable skills.
- The Court may consider the time the requesting spouse will need to acquire sufficient education or training to find appropriate employment. If the requesting spouse is 30, the Court may determine that they can obtain the education and training in 2-3 years. If the requesting spouse is 60, the Court could order longer and more extended support.
If the courts award long-term spousal support, then pensions, assets, and other retirement benefits will also be considered.
When Does Spousal Support End?
Alimony generally ends when the paying spouse dies, or the receiving spouse remarries or cohabitates with a partner. Remarriage of the paying spouse does not affect spousal support payments. Still, the termination of alimony caused by the remarriage of the receiving spouse is automatic, barring a marital settlement agreement that says otherwise.
Proving cohabitation to end spousal support requires concrete proof. Is the couple sharing a residence? Determining this could take some “sleuthing,” but it could be worth it. Perhaps the utilities are in both partners’ names, or the two share parenting responsibilities. You will need to discuss this with your attorney to determine whether a private investigator is necessary. Spousal support can also be modified when one spouse’s income significantly changes since the support was awarded.
Perhaps the paying spouse has lost their job or retired, or perhaps the receiving spouse has experienced a windfall or has obtained a higher-paying job. In any of these situations, either spouse can request a modification of spousal support. The courts must approve this modification, and the spouse requesting the modification must show that there has been a significant change in income.
Every situation is different, so if you are wondering how long you will have to pay spousal support or how long you will continue to receive spousal support, the best source of information is your family law attorney. Your attorney can look at your situation as a whole, then give you a good idea of how long spousal support will last, whether you are in the middle of a divorce, or already have a divorce decree.
Contact Our Atlanta Spousal Support Attorneys
If you have questions about divorce, spousal support, or child support, we can help.
At Hobson & Hobson, P.C., our Atlanta divorce attorneys work quickly to help guide you through the divorce process. We can help you file for spousal support and safeguard your future. Call us immediately to learn more about the divorce process. Our attorneys can meet with you to discuss these issues and guide you through what comes next.
Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
