ALIMONY

BE SMART-UNDERSTAND THE LAW

By: Douglas J. Davis

Alimony is a moving target in Georgia and new cases show an evolving and redefining of when alimony is appropriate to be granted by a superior court judge.

Generally, the Court can grant what is called Pendente Lite alimony or in simple terms, temporary support. Temporary support is meant to keep things in a status quo until the Court can sort out the real needs of the parties. The Court does look at both the need of the party requesting support and the ability of the other party to pay and still maintain a standard of living.

In the end the Court can grant permanent or rehabilitative alimony. The Court looks at the following criteria is granting alimony.

(1) The ability to be wholly or partly self-supporting.

(2) The time necessary to gain sufficient education or training to find suitable employment or the current employment of the party requesting alimony as compared to any disparity in incomes between the parties.

(3) The parties’ standard of living during the marriage.

(4) The duration of the marriage.

(5) Each party’s contributions, monetary and non-monetary, to the well-being of the family.

(6) The circumstances that contributed to the parties’ estrangement.

(7) Each party’s age and employability.

(8) Each party’s physical and mental condition.

(9) The ability of the party from who alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony.

(10) Any previous agreement(s) between the parties.

(11) The financial needs and resources of each party.

(12) any other relevant factor the Court may deem relevant.

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