Alimony

  • Alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent. O.C.G.A. § 19-6-1 (a)
  • Temporary Alimony: In Georgia, a court may order one spouse to make alimony payments to the other spouse during the pendency of the divorce. It is awarded when the parties are separated, but the divorce is not final.
  • Lump Sum Alimony: When one spouse pays the other a lump sum or money from that spouse’s separate estate or separate funds.
  • Periodic Alimony: Where one party receives payments of alimony over the course of a certain period of time.
  • Permanent Alimony
    • To establish a valid claim for permanent alimony, a spouse must allege and prove the following:
      • That a valid marriage exists between the parties;
      • That the parties are living in a bona fide state of separation; and
      • That the claim for permanent alimony is incidental to a pending action for divorce or suit for separate maintenance brought by either party.

See O.C.G.A. § 19-5-5; 19-6-3; 19-6-4; 19-6-10; 19-6-12; 19-6-14

  • There is no set standard to determine an award amount. The fact finder has discretion and evaluates the facts and circumstances of each case.
  • Though there is no set standard to determine an amount, the fact finder will consider the following factors set out in O.C.G.A. § 19-6-6:
    • The standard of living established during the marriage;
    • The duration of the marriage;
    • The age and the physical and emotional condition of both parties;
    • The financial resources of each party;
    • Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
    • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
    • The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
    • Such other relevant factors as the court deems equitable and proper.