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What is a spouse entitled to in a divorce in Georgia? Under Georgia law, each spouse is entitled to an ?equitable? share of the marital property. This does not equate to an equal division, but instead a ?fair? split between the parties.
You can apply for either permanent or temporary alimony. 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 main factor a court will usually consider when determining how long alimony payments will last in Georgia is the length of the marriage. Family courts sometimes use the ?one year of alimony for every three years of marriage rule of thumb,? but that's not always the case.
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.
In Georgia, it is very rare for alimony to last for life. Alimony payments are typically made monthly for a set number of years. When determining the length of alimony, the court will consider how long the marriage lasted. For example, a 30 year marriage is likely to result in alimony payments for several years.
The requirement to make spousal support payments can be stopped if one of several circumstances comes to be; The receiving spouse has a windfall income (lottery winnings, inheritance, etc.) The receiving spouse has a significant increase in earned income (better paying job). The receiving spouse gets remarried.
In rare cases, judges may determine that a spouse deserves permanent alimony. That means that payments are made to the other spouse that last as long as the person paying or the person getting paid is alive or remarries.
Alimony or spousal support law is a complex area of family and divorce law in Georgia. Failure to pay spousal support can also expose you to serious consequences and penalties, including jail or garnishment of your wages.
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.
The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.