Divorce Alimony in Georgia
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Georgia law did not have any provision for alimony till 1980. The Divorce Code of 1980 stated that if the court finds it essential, it may award alimony to either party.
As per Georgia law, married individuals bear a financial responsibility towards one another. This duty persists till the final Decree of Divorce is given. Just because the couple has separated, this responsibility does not vanish. Georgia differs from the other states in the US with respect to alimony in the following ways.
- Alimony is not a broad remedy in Georgia as compared to other states
- The grant of alimony in this state is authorized in limited conditions
Factors considered in Divorce Georgia Alimony
The court takes into account the following, prior to granting alimony.
- The circumstances of the parties like fixed liabilities, earning capacity and separate estates
- The contributions of both spouses to the marriage, like
- Career development of the other spouse
- Education
- Child care
- Homemaking
- The number of months or years that are necessary for either spouse to attain enough education and training to become satisfactorily employed
- The financial sources of both spouses
- The emotional and physical conditions and age of both spouses
- The period of marital life
- The standard of living experienced during the marriage
Types of Divorce Georgia Alimony
Permanent Alimony
- It is generally granted when the recipient has a mental or physical illness or due to age is unable to work
- It continues possibly till the demise of the recipient
Rehabilitative Alimony
- It is generally granted to the spouse who had played the role of a homemaker or was involved in raising children in marital life. Due to these involvement, this spouse could not find time to develop skills for gainful and productive employment
- The intention of giving this money is that the spouse described in the previous point should attend school and attain up to date skills to compete in the job market
- This alimony is basically a short term remedy to assist the recipient to become self sufficient
Points regarding Georgia Alimony
- The court reviews the "Domestic Relations Financial Affidavit" before taking any decision regarding alimony. By doing this the court balances the expenditure and income of both parties
- If adultery or desertion of a spouse has led to the dissolution of the marriage, then alimony is typically not granted to such a spouse
- Any spouse can request that a temporary hearing be held during which the issue of alimony can been resolved and which would be applicable till the final resolution
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