Marietta Alimony and Spousal Support Lawyer

While many people believe that alimony and spousal support are two different terms with different meanings, that’s not true. Alimony is a dated term used when only females received support from their husbands. Today, with various types of legal partnerships and financial independence, spousal support has been adopted.

The purpose of spousal support is to ensure that there are no adverse economic effects from the impending divorce of a couple. It will provide continuing support and regular income to individuals who would otherwise have to face significant financial hardships. Spouses who earn less or contribute less financially may be spending that time taking care of other duties that don’t provide monetary compensation, which is why spousal support becomes essential.

Depending on the circumstances, the spousal support can be paid before or after the legal separation of a couple.

Different Types of Spousal Support

There are mainly two types of spousal support: short-term and long-term (permanent support). Temporary support can also be given to a spouse before the divorce is legally finalized, which will ensure that their living costs are covered even when the couple is living separately. While the support might be temporary, it is still crucial to reach a consensus regarding the amount and term of support, preferably in writing.

Short-term support can be ordered by a court or agreed upon by both spouses. It is usually given in cases where the marriage term was short, and both partners agree. The ending date can be agreed to by the spouses or decided upon by the judge.

There is also a ‘bridge the gap’ support meant to help the spouse out until they can gain employment again. It is only valid until the spouse gets back on their feet financially. Permanent support is usually granted in cases where the marriages have been very long. While there is no consensus on how long a marriage should be to fit this criterion. Some states don’t allow for long-term support, so you should know the laws in your state before pursuing it any further. However, this type of support can also end when the spouse receives support remarries or begins living with another partner.

Spousal Support Laws in Georgia

In Georgia, alimony is given out in limited cases. It is generally decided on a case-by-case basis, depending on the couple’s financial situation and other factors. Spousal support can be broadly categorized into either being for rehabilitative purposes or long term.

When you’re requesting spousal support in Georgia, you should be aware of the conditions that can determine the amount you receive:

• Living standards during the marriage
• Age, physical and emotional condition of both spouses in the marriage
• Marriage duration
• The individual financial situation of both parties
• The time required for one of the parties to get back on their feet (through employment or retraining)
• Contribution by each party to the marriage (child-rearing, education, homemaking, and more)
• Other relevant factors that might be deemed proper by the court

However, before any of these factors are considered, the court must approve the request for spousal support. In Georgia, temporary support can also be given before a divorce is finalized.

Keep in mind that if there is a prenuptial agreement made before the marriage, it must be kept to when you are divorcing. If circumstances have significantly changed since then, you may need to consult a legal expert on the best way forward for your case.

Who Is Eligible For It?

When you divorce, the Georgia family court determines who is eligible for the spousal support between the couple. In many cases where both spouses earn, alimony may not be considered. Courts will consider the financial situation of both parties and see whether any request for alimony is coming from either of them. The person who earns less or has an unequal financial situation compared to their partner generally pays the spousal support.

Spousal support is available for domestic partners, spouses, and same-sex spouses. As mentioned before, the amount received will be determined by various factors, as judged relevant by the court.

What Spousal Support Covers

While many factors determine how much spousal support you will be required to pay or receive, the amount can determine what it will cover. The longer you have been married, the higher amount of spousal support you will be likely to receive.

In general, spousal support is expected to cover the spouse’s living expenses. However, cases can be made to receive higher spousal support. Child support costs should not be confused as they are covered separately.