Alimony, also referred to as spousal support, can be awarded to either party in a divorce. Unlike child support, alimony is not a right in the State of Georgia. Courts will take a number of factors into consideration when determining whether a party will receive alimony. An attorney at The Smith Williams Law Firm can further discuss with you those factors the courts consider. Call our office at (678) 324-7600 today, if you are seeking or opposing alimony in your divorce.
Family Attorney in Marietta Handling Cases Throughout the Atlanta Metro Area
In addition to custody of the children, alimony or spousal support is typically one of the most contested issues in a divorce. Alimony is different from child support, which is determined by a specific formula. Although the court considers several factors when determining whether to award spousal support or alimony, there is no formula to determine the amount of spousal support or alimony one spouse pays another after a divorce.. The basic idea of spousal support is to try to have some financial equity between the two spouses regardless of who actually earns more.
Temporary Support vs. “Permanent” Support
Typically a judge will grant “temporary support” when the divorce is still pending or working through the family law courts. There are also cases where “Permanent” support will be granted. While “permanent” may sound daunting, the reality is it will still have either an end date or a date where the support will be reviewed based on the financial situation(s) of the spouse in the future.
Factors that are Considered when Determining Spousal Support
Every case is unique and as stated earlier, there is not an equation or chart to determine spousal support. There are a number of factors that a judge may consider when arranging spousal support; a few of the key factors include:
- The “standard of living” during the marriage.
This is a phrase that often comes into play in higher income situations; in most divorces the financial reality is that both spouses are going to (at least temporarily) be dealing with a lowered standard of living. - The length of the marriage
Spousal support aims to compensate the spouse who did not earn as much income during the marriage. The idea behind this is that the time spent at home or raising children is time that you could have been building experience or education to raise your income. As a result, if you were only married for a year or two, the judge may be less likely to award support. - The financial resources available to each spouse
- The earning capacity of each spouse
- Each spouses non-financial contribution to the marriage and family (child-care, supporting career building, etc)
Georgia Spousal Support Lawyer
Yolanda Smith Williams is an experienced family law attorney who has negotiated great outcomes for her clients in the area of spousal support. Whether you are just now contemplating a divorce or need to work to establish or enforce spousal support, attorney Smith Williams can help you work through the process. Contact our Marietta Family Law Office today for a consultation.