Georgia Divorce Alimony
The spousal support granted during the divorce procedure is known as alimony in Georgia. While granting the Georgia divorce alimony, the court may consider any form of marital misconduct especially adultery. In fact, the spouse seeking for alimony is hardly eligible to receive the alimony if he or she is found to have committed adultery or desertion that has led to the dissolution of marriage. Only in certain circumstances the court may make the provision of a temporary hearing based on which the alimony can be granted. But in most cases the Georgia divorce alimony is temporary in form and permanent alimony is rarely awarded.
While deciding on ordering for alimony the judge of the court may consider certain factors that are mentioned below.
The Georgia divorce alimony is mainly awarded on a temporary basis. The following are the parameters for determining the duration of alimony.
- The standard of living of the spouses during their marriage life. The alimony is generally granted to balance the quality of the life style of both the spouses before and after divorce.
- The financial status and the income generating capabilities of both the parties are taken into account and the alimony is granted to the spouse who is financially unstable while the other is monetarily sound enough to provide the spousal support to the other. The potential earning capacity of the spouses is also considered. The temporary or the rehabilitative form of alimony is granted to spouse who might be financially dependant on the other but has the potentiality of earning in the near future.
- The assets and properties possessed individually by both the spouses are taken into consideration by the court while sanctioning alimony.
- The contribution made by the spouse applying for alimony during the married life. Even if they are non- economic, the contributions like child care, home making and providing support while building up the career opportunities of the other are some deciding factors while granting alimony to the alimony seeking spouse.
- The degree of compatibility of the spouses during the marriage life is also a major factor while ordering for divorce.
Once alimony is granted either of the spouses has got the right to claim for modification of the alimony in future. Depending upon the changing circumstances the court can review the spousal structure. A lump sum amount can never be modified but a permanent alimony can get terminated if the court gets the proof that the receiving spouse is cohabiting with a partner who is financially sound even if they are not married legally.
- If a spouse is undergoing some form of educational or skill development training and on completion of which the spouse will be able to earn his or her own livelihood with the help of marketable skills, alimony is awarded till the time the spouse becomes self sufficient.
- The longevity of the marriage.
- The retirement benefits earned by both the spouses.
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