Divorce is an all-American phenomenon. 34% of American women and 33% of American men have been divorced at least once.
These statistics may make you think that divorce is easy to navigate. In reality, it can have many complications, especially when you are dealing with alimony.
But you shouldn’t get overwhelmed. You can understand how alimony and spousal support work in no time.
What are alimony and spousal support? What types of alimony can one spouse offer another? How does a judge determine alimony?
Answer these questions and you can take charge of your divorce. Here is your quick guide.Hobson & Hobson, P.C is comprised of experienced alimony and spousal support attorneys in Roswell, GA that rely on our special litigation training and over 30 years of combined experience in alimony and spousal support cases to provide each client with an effective outcome while fighting for your parental rights. Contact us at 770-284-6153 or submit a contact form for us to contact you ASAP.
Alimony and spousal support are synonyms. They refer to financial support that one ex-spouse makes to another ex-spouse so they can cover the bills after a divorce. Title 19, Chapter 6 of the Georgia Code provides Georgia’s laws for spousal support.
Some people prefer to use “spousal support” because alimony is usually associated with men giving money to women. Anyone of any gender may offer spousal support to their spouse.
Our spousal support attorneys will help you navigate the difference between child support and other financial arrangements. You may not need to pay alimony, but you may need to pay child support. Child support money covers expenses for your child, including payments for school and healthcare, while spousal support covers your ex’s expenses.
Spousal support is not tax deductible. You must report the amount you receive in your income tax forms. Talk to an accountant to figure out how exactly to pay your taxes.
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
There are a few types of spousal support you may need to pay. Keep these in mind as you negotiate divorce payments with your ex-spouse. Talk to your lawyers about which of these types you should apply for if you are looking for financial support.
One spouse makes rehabilitative alimony payments for a particular time period. The recipient receives enough funds so they can get job training or a college degree and become self-sufficient.
The court order will specify a duration for the payments. But the paying spouse may pay more after this duration if the recipient needs more time or money. Courts will often extend the payment period if the recipient is ill or incapable of taking care of themselves.
Reimbursement support is the opposite of rehabilitative support. One spouse is reimbursed for helping the other spouse complete their education or job training.
The recipient may not need the money to cover the bills. But they are given a reward for contributing to the marital assets and improving their partner’s life. They may receive spousal support payments in a lump sum or over several years.
Lump-sum spousal support is a one-time alimony payment. One spouse may waive their right to receive marital assets like the family home in exchange for a large amount of cash. The spouse may also ask for a set of monthly payments up front, which they can use to invest in different things.
Temporary support can mean a few different things. After two spouses separate but before they get formally divorced, one spouse may offer the other spouse money. This lets them cover their expenses during the divorce process.
In order to do this, you need to write a separation agreement. You do not have to file it in court. But you can use the agreement as the basis for a permanent support arrangement.
Another form of temporary support involves payments until the recipient gets a job. Once they can support themselves, the payments stop. They can also use the money to move out and find a place to live.
One spouse can receive permanent support. Spouses with significant disabilities or who are elderly may receive support until they die. However, Georgia and other states end permanent support when the recipient remarries.
Payments can be adjusted if the recipient’s life changes. If they get a job or receive a large amount of money, they can receive less money. If they develop medical problems that require expensive therapy, they can receive more money.
Georgia judges do not have a formula to calculate support for a spouse. A judge may examine a few different factors to determine how much money one spouse should receive.
Our spousal support lawyers will help you understand what it means to declare a no-fault divorce in Georgia. However, you can also declare grounds like adultery, cruelty, or duress in making the marriage. A judge may require an adulterous or cruel spouse to make spousal support payments.
The judge will examine the shared marital assets, including hidden assets. If one spouse pays the other spouse’s expenses, they will likely pay spousal support. Even if both spouses have jobs, one spouse who makes significantly more money than the other spouse may need to pay support.
The judge will also examine each spouse’s expenses. If one spouse needs money for housing or medical bills, the other spouse may contribute support.
If you’re looking for spousal support, you should submit your request to the court as soon as possible. You should talk to your ex and work out an agreement with them as well. If you two can come to a mutual decision, you can move on to other issues.
Divorce is hard, and negotiating spousal support can be even harder. One spouse may need money in order to cover their daily expenses. But they may also receive money as a reward or as a settlement to end real estate negotiations.
A judge will look at your financial documents and the grounds for the divorce to determine if spousal support is necessary. Find your financial statements and turn to help from lawyers and accountants.
Don’t go before a judge by yourself. Hobson & Hobson, P.C. serves the Roswell and Atlanta surrounding areas. Our alimony and spousal support lawyers are here to help you through the process. Contact Hobson & Hobson for all of your family law needs.
At Hobson & Hobson, we know that working through a divorce and handling family law issues can be challenging. We bring our extensive experience dealing with spousal support issues to every case involving children.
For more information or to reach knowledgeable Roswell spousal support lawyers today, visit our law firm website and fill out our contact form. Or you can call our Roswell office at (770) 467-3275.
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