This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Types Of Alimony In Georgia
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In Georgia, alimony is not a right, but it can be appropriate in certain situations and awarded over time or in one lump sum after a divorce settlement. In order to determine eligibility, courts consider a number of issues, including the needs, income and assets of each spouse.
A marriage of three years or less is rarely awarded alimony, a marriage of ten years or less may be awarded alimony but the amount will be reduced and the period of alimony is usually about a third of the length of the marriage.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
Alimony in Georgia is not a guaranteed part of the your divorce. Circumstances such as adultery or abandonment nullify the spouses rights to request spousal support. Typically spousal support is awarded for a spouse ending a long term marriage (10+ years) where one spouse has minimal income earning potential.
How Alimony Can Be Voided. Georgia law does not guarantee alimony for either spouse as part of a divorce. In some cases, alimony can be nullified altogether by circumstances such as abandonment or adultery. In fact, state law often forbids alimony if either of those circumstances can be proven.
Permanent Alimony: continues for a long period of time and is usually awarded when one of the parties is unable to work due to age, physical, or mental illness. In Georgia, there is a high standard for an award of permanent alimony.
The most common type of spousal support is usually called rehabilitative alimony—because it's meant to "rehabilitate" dependent spouses by giving them financial support while they gain the education, training, or work experience needed to become self-supporting.
' Periodic alimony is usually set for a definite period of time, although the amount of the installment payments may vary. For example: One spouse may receive periodic alimony of $2,000 per month for five years; or. One spouse may receive $5,000 per month for two years, and then $2,500 per month for three years.
Types of Alimony in GA - Permanent, Lump Sum, Rehabilitative, Periodic.