
What is spousal support? Spousal support or alimony is monetary support for a spouse by another spouse during and/or after the divorce is final. Spousal support in Georgia is determined by a judge based on the length of a marriage, if one person appears to be unable to provide for themselves, and the other spouse can afford to pay. Hire a Dallas spousal support lawyer at Young Law Firm, LLC, for legal representation and counsel regarding your divorce.
Spousal support in Georgia can be either temporary or permanent. Permanent spousal support is typically awarded to a spouse who is unable to work due to age, disability, or mental illness. Short-term or temporary spousal support helps a spouse meet their financial needs until they can support themselves. It is usually awarded to spouses who have stayed at home and raised children rather than working or having an independent career.
Georgia reported a divorce rate of 2.2 per 1,000 people in 2023. Filing for divorce must be done through a law office or with the Paulding County Clerk of Superior Court at 240 Constitution Boulevard. One spouse must have been a resident of the county for six months prior to filing.
In Georgia, a spousal support case provides financial support, or alimony, paid to one spouse by the other. Either spouse can request spousal support while the divorce is in progress. The main kinds of spousal support include:
A judge can grant temporary alimony until a final spousal support decision is made when the divorce decree is signed. It’s up to the judge’s discretion to grant spousal support on a temporary or permanent basis.
When considering a spousal support case, a judge considers the following factors:
It’s important not to try to hide assets in divorce proceedings. If the court finds that assets have been hidden intentionally, you may be paying alimony along with severe fines and other penalties. Your Dallas spousal support attorney can help verify that financial records are accurate and assist in gathering evidence to prove a need for financial support.
In Georgia, a spouse is legally barred from receiving spousal support or alimony if they are at fault for ending the marriage due to adultery or desertion. Essentially, you need factual evidence of either adultery, desertion, or cruel treatment.
Spousal support also terminates automatically when a spouse granted support remarries. If they are cohabitating with a romantic partner, the payer can petition the court to terminate support. Additionally, when a significant change has reduced the payer’s ability to pay or the support recipient’s financial status has improved, the court can be petitioned to terminate support.
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Spousal support needs are unique to every couple going through the divorce process. It changes your life and resets your goals or needs. Spouses who choose to stay home and raise a family instead of pursuing a career may need financial support to re-establish themselves. When you need legal help in Dallas, get help that includes decades of experience in Georgia law from Attorney Diana Whipkey Young at Young Law Firm, LLC.
Yes, you can for spousal support yourself without hiring a lawyer. You can represent yourself (“pro se”) as part of a divorce. You can use the divorce forms to file for spousal support. You can also request temporary support while the divorce process is pending by filing a motion for temporary support in court.
The money you receive per month in spousal support or alimony in Georgia is determined by the judge in each case. The judge determines the amount after considering whether spousal support is necessary and whether spousal support is temporary or permanent. Georgia does not use a standard formula to calculate spousal support but leaves it up to the discretion of the judge assigned to each case. Spousal support can be paid monthly or as a one-time lump sum.
How long it takes to receive spousal support or alimony in Georgia depends on whether the support is temporary or permanent. If you are awarded temporary spousal support while the divorce is pending, then payments begin within two to three weeks after filing for divorce. For permanent or long-term temporary spousal support, payment begins within 30 days after the divorce is final in Georgia.
Yes, even with a prenuptial agreement in place, a judge can either uphold the waiver to the right for spousal support or alimony or decide to invalidate the spousal support portion of the agreement. For example, if a Georgia judge determines that enforcing the agreement may cause a spouse to become impoverished, homeless, or unable to care for themselves, they may grant spousal support.
Young Law Firm, LLC, serves clients in the Georgia counties of Cobb, Paulding, Bartow, and Cherokee. Leverage 40 years of experience with Georgia family law on your spousal support case. We offer a free, 30-minute initial consultation and accept all major credit cards. Contact us today or call us at 770-758-8162 and get a Dallas family lawyer you can trust.