Are you involved in an alimony dispute in Atlanta, GA? Whether you’re trying to secure alimony in your divorce, are contesting a request, or are seeking to modify an existing order, it’s important to have a skilled attorney in your corner. Call The Edwards Law Group at (770) 723-7211 today to schedule a consultation with an experienced Atlanta alimony lawyer.

With more than 50 years of combined family law experience, our team is prepared to protect your interests at every stage of the process. Whether your case is just beginning or circumstances have changed, contact us and explore your rights under Georgia alimony laws.

Why Should I Call The Edwards Law Group for Help Resolving an Alimony Dispute in Atlanta?

Getting a divorce has serious financial consequences. It’s almost always expensive. If one spouse earns significantly less than the other, they may worry about how they’ll support themselves after the marriage ends. Hiring an experienced Atlanta family law attorney with The Edwards Law Group can be critical to reaching a favorable solution. 

Clients in Atlanta, Georgia, choose us because: 

• Members of our team have been recognized by Super Lawyers for our success. 
• We’ve been recognized by Law Firm 500 as one of the fastest-growing law firms in the country.
• We have decades of experience helping clients resolve difficult family law issues. 
• Our Atlanta attorneys can help facilitate negotiation and mediation. 
• We often help couples reach their own agreements. After all, you know yourselves better than the family law judge. 

Even if your relationship with your spouse is fairly amicable, divorce can be incredibly emotional. To learn more about how we can help, call for your consultation with a divorce lawyer in Atlanta today. 

What Is Alimony?

Marriage is a partnership. Each spouse contributes to the marriage in a different way. The law recognizes this basic fact. Most of the time, two spouses don’t have the same income levels during marriage.  

Often, one spouse will put their career on hold to support the family in non-financial ways. This can put the spouse at a significant financial disadvantage if the couple decides to divorce. 

Alimony, or spousal support, is the money paid from one spouse to another after a divorce. It’s designed to provide financial security for the lower-earning spouse after the divorce. The goal is to allow each spouse to maintain their standard of living.

Alimony is, however, not automatic. In some cases, two spouses have very similar earning capacities. Alimony would not be necessary to allow the spouses to maintain their standard of living. Courts generally won’t award alimony in these situations. 

What Types of Spousal Support Are Available in Atlanta?

In Georgia, different types of alimony arrangements are possible. It depends on the divorcing couple’s situation. Types of alimony that are available in Georgia include:

Pendente Lite Alimony Orders in Atlanta

Pendente lite is a legal term for a type of temporary alimony arrangement. It’s awarded while the divorce is pending. Divorce can take a significant amount of time. One spouse may need support between filing for divorce and signing the formal divorce papers.

Family law judges have the ability to order one spouse to pay alimony during this time. The temporary order can be replaced once the divorce is finalized. Temporary alimony can also be awarded simply to give one spouse the financial means to get back on their feet again. 

Permanent Alimony Orders in Atlanta

Permanent alimony orders are typically ordered when a long-term marriage ends. It may also be the case that the couple is older, and it would be difficult for the lower-earning spouse to become financially self-sufficient. 

Permanent alimony orders can be indefinite or open-ended. Sometimes, it must be paid until the receiving spouse remarries or dies. 

Rehabilitative Alimony Orders in Georgia

While the law doesn’t specifically deal with rehabilitative alimony, courts have the authority to order one spouse to pay alimony as “rehabilitation.” Rehabilitative alimony is a type of temporary alimony order. It’s designed to help one spouse gain the skills or experience necessary to become financially self-sufficient. 

Rehabilitative alimony is particularly appropriate when one spouse has put their career on the back burner to support their spouse or raise a family. Rehabilitative alimony is meant to give the receiving spouse time to increase their earning capacity.   

Lump Sum Alimony Grants

Courts can order either periodic alimony payments or a lump sum payment. Lump sum payments can be beneficial for two primary reasons:

• It gives the divorcing couple a sense of finality so that they can move on with their lives
• It does not limit the receiving spouse’s ability to date or remarry

Lump sum payments may also be appropriate if one spouse has significant debts that they need to pay off. Courts can also order a lump sum payment if they doubt that the paying spouse will comply with a periodic payment schedule. 

Regardless of the arrangement, it’s important to have an experienced attorney on your side. Unlike child support, alimony is not automatic. It’s important to have an attorney in your corner at every stage of the process. 

How Are Alimony Payments Calculated Under Georgia Law?

Again, alimony isn’t automatic. Courts have significant discretion. It’s also possible that two divorcing spouses can agree to an alimony arrangement. If that’s the case, the judge will evaluate the proposed agreement and typically respect it. That said, alimony is often a hotly contested issue. When disputes arise, the court will make the decisions.

The two key factors that the judge will consider include:

• The requesting spouse’s need for spousal support
• The paying spouse’s ability to provide spousal support

Ultimately, these two factors serve as the foundation for any alimony decision, guiding the court in determining whether support is appropriate in the first place.

What Factors Do Georgia Courts Consider When Calculating Alimony?

Unlike with child support, no specific guidelines exist. The equitable distribution rules that apply when dividing marital property do not apply. Courts have much more discretion. However, the law lays out various factors Georgia family courts should consider when awarding alimony.

The family law judge will consider:

• The standard of living enjoyed by the couple during the marriage
• The length of the marriage
• Each spouse’s age
• Each spouse’s physical and emotional condition 
• Each spouse’s financial resources
• Either spouse’s child support obligations 
• How long it would take for the requesting spouse to obtain the education or training needed to become financially self-sufficient
• Each spouse’s earning capacity
• Each spouse’s liabilities and debts
• Each spouse’s non-financial contributions to the marriage, including child care and housekeeping
• Whether one spouse gave up career opportunities to allow the other to increase their earning power
• Any other factor they deem relevant to the decision

In Georgia, the court can also consider the reason for ending the marriage. If the higher-earning spouse did something to end the marriage, the judge may be more inclined to award permanent alimony.

How Long Will Spousal Support Last After I’ve Finalized My Divorce in Georgia?

The length of a spousal support order can vary based on many different factors. The couple’s unique situation is important. Alimony orders can last a few months or for the rest of the recipient’s life.  Spousal support orders can also last until the receiving spouse becomes reasonably able to support themselves. 

By default, periodic alimony obligations end when:

• The recipient spouse begins to cohabitate with a new romantic partner
• The recipient spouse remarries
• Either spouse dies

This is true unless the spouses agree on a different arrangement. When the recipient spouse remarries or moves in with a new romantic partner, the paying spouse can petition to end the alimony arrangement.    

Can an Existing Alimony Order Be Modified or Challenged in Atlanta?

Yes, existing alimony orders can be modified after they’ve been finalized. After all, life changes. When circumstances change, either party may petition to modify the alimony agreement after the divorce has been finalized. 

To modify an existing order, the requesting spouse must generally demonstrate that a change in circumstances has occurred and that the change was “material” to the party’s financial situation.

Examples of some changes that will convince a judge to grant a modification request include:

• The paying spouse has lost their job 
• The paying spouse has become ill or disabled, so is no longer able to work
• The receiving spouse has a significant increase in income and thus is self-supporting
• The paying spouse has experienced a significant decrease in income
• The receiving spouse has remarried or moved in with a romantic partner

It’s important to realize that courts generally won’t grant a modification request if the paying spouse did something voluntarily to decrease their income levels. For example, a court won’t allow the paying spouse to decrease alimony payments if they quit their job voluntarily. 

Call an Experienced Atlanta Alimony Lawyer for a Confidential Consultation Today

Disputes over alimony in Atlanta, Georgia, can quickly become complicated. An experienced Atlanta alimony attorney can help you with every aspect of the legal process. Contact us today to learn more about how our team at The Edwards Law Group can help. Your consultation is entirely confidential.