Alimony, also called spousal support, provides financial assistance from one spouse to another after divorce. While child support focuses on children’s needs, alimony aims to address economic disparities between divorcing spouses. Understanding how alimony works requires examining state laws, financial circumstances, and marital dynamics. Below, we break down what determines alimony awards and how courts calculate payments.
How Courts Determine Alimony: 7 Key Factors
Georgia courts use O.C.G.A. §19-6-5 to evaluate alimony requests. Judges analyze these seven elements:
- Standard of living during the marriage. Courts aim to maintain the lower-earning spouse’s lifestyle post-divorce when possible.
- Duration of the marriage. Longer marriages (10+ years) often result in longer or higher alimony obligations.
- Age and health of both parties. Chronic illnesses or disabilities affecting earning capacity may increase support.
- Financial resources and earning potential. Includes current income, education, job skills, and time needed for vocational training.
- Contributions to the marriage. Non-financial contributions (childcare, homemaking) carry equal weight to income.
- Marital misconduct. Georgia permits consideration of adultery, abuse, or financial dishonesty.
- Tax implications. Alimony payments are no longer tax-deductible federally, but state rules vary.
How Alimony Is Calculated in Georgia
Unlike child support, Georgia lacks a standardized alimony formula. Instead, courts use discretionary guidelines:
- Income percentage method: Temporary alimony often equals 20–35% of the payer’s gross income minus 20–50% of the recipient’s income.
- Needs-based analysis: Judges compare the recipient’s monthly expenses to their ability to earn income.
Example calculation: If a payer earns $10,000/month and the recipient needs $3,500/month but can earn $1,500, the court might order $2,000/month.
For precise estimates, use our Alimony Calculator Tool or consult a family law attorney.
Types of Alimony in Georgia
| Type | Duration | Purpose |
|---|---|---|
| Temporary | During divorce | Covers immediate needs until final judgment |
| Permanent | Years or indefinitely | For long marriages where self-sufficiency is unlikely |
| Lump-Sum | One payment | Settles obligations without ongoing ties |
| Rehabilitative | 1–5 years | Supports education/training for financial independence |
Modifying or Terminating Alimony
Alimony orders can change if either party experiences substantial changes:
- Job loss or reduced income
- Remarriage of the recipient
- Retirement of the payer To request modifications, file a petition with the court (Georgia Legal Aid).
FAQ: Common Alimony Questions
How much alimony will I get/pay?
Amounts vary widely. Courts typically award 20–40% of the payer’s income after considering both parties’ needs.
Who qualifies for alimony?
Spouses with lower earning capacity due to caregiving roles, health issues, or limited job skills often qualify.
How long do alimony payments last?
Temporary alimony ends with the divorce. Permanent support may continue until retirement or the recipient’s remarriage.
Can I avoid paying alimony?
Prenuptial agreements or proving the recipient doesn’t need support may reduce or eliminate obligations.
What if my ex stops paying?
File an enforcement motion. Courts can garnish wages or impose penalties (Georgia Department of Law).
Protect Your Financial Future
Alimony determinations require careful analysis of complex factors. At Hobson & Hobson, P.C., our family law attorneys combine 30+ years of experience with innovative tools to advocate for fair spousal support outcomes. Whether negotiating temporary payments or litigating long-term obligations, we help clients across Atlanta navigate:
- High-asset divorces
- Contested alimony disputes
- Post-divorce modifications
Schedule a consultation to discuss your case and learn how Georgia’s alimony laws apply to your situation.
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.
