PRACTICE AREAS
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ALIMONY / SPOUSAL SUPPORT |
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Alimony or Spousal support is defined as the sum of money that one spouse pays for the support of the other spouse. Unlike child support, there is no specific method of calculating alimony. No spouse is automatically entitled to or excluded from an award of alimony or spousal support. Alimony is based on the payor’s ability to pay and the payee’s need for support. Courts evaluate several factors such as the party’s current lifestyle and expenses, their bills after the divorce, the ability for each party to earn income in the future, the separate assets of each party that are not part of the marital estate, the length of the marriage and the conduct of the parties to determine whether alimony is warranted and the amount to which a party is entitled. A spouse that is earning little income or is earning substantially less than his or her spouse at the time of the divorce or final hearing could potentially receive alimony. The law does not require that the spouse who receives alimony be a stay-at-home mother or even a woman. Although it is uncommon, courts can grant men alimony. Many courts, however, are moving away from granting alimony altogether for middle income families. It is generally expected that if a stay-at-home mother in a middle income family is going through a divorce, she is expected to find a job outside the home. If an out-of-work father is going through a divorce, he is expected to find work. Additionally, if the party requesting alimony had an affair that was the cause of the divorce, that party is not entitled to alimony, regardless of how much that party needs the alimony. Whether you are requesting alimony or fighting a request for alimony, it is important you have an experienced attorney, well versed in current law to represent you. If you have any questions about alimony in Georgia, please call the Millard Law Firm to schedule a consultation.
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