Atlanta Spousal Support Lawyer
Fighting for Your Rights in Cobb County, DeKalb County, Gwinnett County, Forsyth County, & Fulton County
Spousal support, also referred to as alimony, is an issue that may or may not be awarded in a Georgia divorce. It is not automatic — if you wish to obtain this financial support in your divorce proceedings, you will need to petition the court for it and demonstrate that you have a true need during and/or after the divorce has been finalized. You will also have to demonstrate that your spouse can provide for this support.
Whether you are seeking spousal support or contesting it, it is important to have competent representation to fully back up your case. Unless alimony has been pre-arranged through a valid prenuptial or postnuptial agreement or you and your spouse have agreed to it when deciding to split, a judge will decide this issue. Without an experienced attorney by your side, you run the risk of being unprepared for the legal standards you must meet in court hearings. With Rob Wellon, you can depend on a well-respected divorce attorney who has been successfully practicing for over 40 years and is both a practitioner and adjunct professor in this field.
Need alimony advice and counsel? Book a free initial consultation with our Atlanta spousal support attorney by contacting him online or at (404) 856-3241.
How is Spousal Support Determined in Georgia?
Spousal support may be awarded temporarily while a divorce is pending. It is intended to help the dependent or lesser-earning spouse meet monthly bills while the case is being finalized. This support may also be sought on a more permanent basis once the divorce has been concluded.
However, spousal support is rarely granted on an unlimited time basis. It is usually awarded in cases where a spouse needs the financial resources to obtain job/career training or advanced education to become employable and financially independent. Only in cases where a spouse cannot become self-supporting due to age or disability will the courts order alimony that is truly “permanent.”
Courts will evaluate many factors in determining whether alimony should be awarded as well as how much and for how long it is to be provided.
Examples of these factors include but are not limited to the following:
- The standard of living created during the marriage
- How long the marriage lasted
- The parties’ ages and health conditions (both physical and emotional)
- Each party’s financial state, including resources, earning capacity, debts, and more
- What each party contributed to the marriage, including support to help a spouse advance his or her career, as well as non-financial contributions, such as caring for the household and children
- Any other factor that may be relevant to the matter
The Calculation of Alimony
The state of Georgia does not provide a formula for calculating how much spousal support will be required nor how long it will be paid. This is left up to the discretion of the court. These payments may be worked out as a lump sum in cash or other marital assets or may be paid in installments on a weekly, monthly, or other periodic basis.
Termination or Modification of Alimony
Alimony awards usually end when the recipient remarries or when either spouse dies. It may also be terminated if it is proven that the recipient is cohabiting with another romantic partner in which income and expenses are shared. A spouse may also seek a modification of a current spousal support court order based on a material and substantial change in financial circumstances.
Spousal support can be a complicated issue, especially as it hinges on financial matters which can be complex and will have to be proven in court. Rob has a wealth of experience in resolving this issue for our clients through effective case preparation, skilled negotiation, and litigation ability learned over 40 years in trials while teaching those skills as an adjunct professor.
To discuss the details of your case, contact him online or call (404) 856-3241.