Spousal Support
What is Spousal Support?
In Georgia, spousal support, otherwise known as alimony, is financial support provided by one spouse to the other after a divorce. The purpose of spousal support is to address any economic imbalances resulting from the divorce and to help the lower-earning spouse maintain a standard of living similar to what was enjoyed during the marriage.
Spousal support is not a mandatory part of any divorce proceeding in Georgia. You should consult with a divorce attorney to learn about your chances for receiving spousal support.
Types of Spousal Support
Temporary Support: This type of support is awarded during the divorce proceedings and is meant to address immediate financial needs. Are verbal agreements good enough? Probably not. Lacking a formal temporary support order a spouse may move out and decide to not provide any financial support to their spouse, or for their children.
Rehabilitative Support: Aimed at helping a spouse acquire education or training to become self-sufficient. This type of support is expected to last only until the receiving spouse has established a reasonable income situation (job, remarriage, etc.)
Permanent Support: Awarded when one spouse is unable to achieve financial independence, often due to age, disability, or other factors. Most permanent support has specific conditions including the eventual termination of any required spousal support payments.
Can You Get Spousal Support When Separated?
The subject of legal separation in Georgia requires clarification. Georgia does not recognize any legal status of legally separated. The option in Georgia is to have a Separate Maintenance Agreement. This Agreement provides legal standing for binding terms of living apart. It is possible to have a requirement for support payments when living separately.
Spousal Support Factors Considered by the Court
- Length of marriage (years)
- Standard of living during marriage
- Current and anticipated financial needs
- Each spouse's earning potential and finances
- Contributions of each spouse to the marriage
- Health, medical needs, age of each spouse
Modification and Termination
Spousal support orders may be modified or terminated based on a substantial change in circumstances, such as the recipient spouse remarrying or a significant change in the financial situation of either party.
Enforcement of Court Ordered Support
How to collect spousal support arrears in Georgia is a common question we are asked. Spousal support orders are legally binding, and failure to comply with the court-ordered spousal support may result in contempt of court enforcement actions.