ALIMONY ATHENS

About Alimony

Alimony or spousal support is a payment by one spouse to another in accordance with either a settlement agreement of a court decision. The purpose of alimony is to provide for the support and maintenance of one spouse to correct any unfair economic effects caused by divorce. A court or jury may award alimony to either the husband or wife, however, alimony is not required to be awarded in every case. A court or jury will consider many factors in determining if alimony should be granted and if so the amount of support. 

Factors Considered for Entitlement to Alimony

• Adultery or desertion, if proven, will bar the culpable party from receiving alimony
• The needs of the spouse seeking alimony, and and the ability of the other spouse to pay
• The cause of the parties' separation
• Evidence of conduct toward the other
• If alimony is incidental to divorce, and divorce is denied, then the alimony claim is terminated
• Voluntary support by one spouse to the other, will bar recovery for alimony, unless the agreement is invalid or the other spouse fails to provide the agreed upon support
• If the basis of divorce is for fraud, duress, or other grounds which would make the marriage invalid, then alimony will not be awarded

Factors Considered to Determine the Amount and Duration of Alimony

• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of both parties
• The financial resources of each party
• The time required for either party to acquire sufficient training or education to enable them to find employment
• The contribution of each party to the marriage (homemaking, childcare, education, career building, etc.)
• The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties
• Other relevant factors the court deems equitable and proper

Duration and Type of Alimony

Alimony may be temporary or permanent and may be paid periodically or in a lump sum. Alimony that is temporary is alimony that is authorized during the pendency of the divorce proceeding. Alimony that is awarded in the final divorce order is permanent alimony. Permanent alimony may be paid in periodic payments, a lump sum amount, or in an award of property. Permanent alimony may continue until the receiving spouse dies or remarries, or if the obligated spouse dies. The overarching principle for alimony is to balance the need of the spouse entitled to alimony with the ability of the obligated spouse to pay the alimony.