Fighting For Fair Spousal Support Payments

When spouses divorce, the issue of alimony is an important consideration. Alimony, also known as spousal support, is intended to help the spouse who is in the weaker financial position transition to a state of financial independence, both from the supporting spouse as well as from the need for support from the state (i.e., taxpayers). Spousal support is not intended to be a financial windfall or pension for the spouse receiving it, though if circumstances make it necessary, spousal support/alimony may continue for a long time.

In Georgia, the court will consider the financial status and education of the party seeking support, as well as the financial status of the party from whom support is requested. The court will consider what the requesting spouse did to contribute to the marriage, including his or her employment, role in raising children, career sacrifices for the other spouse's career, etc.

What Can Impact The Determination Of Spousal Support?

If the requesting spouse did not work and does not have the requisite qualifications to obtain employment, these factors will be considered and the court may award support. If the couple enjoyed a lavish lifestyle, the amount of spousal support awarded often will reflect that.

In some instances, spousal support may also include educational assistance for training or retraining if the spouse has skills that are not readily marketable. Spousal support is a separate consideration from child support. However, it will be considered when determining the child support amount. Additionally, if the spouse who is receiving spousal support/alimony remarries, the payments will cease (under the theory that the new couple can make it on their own without financial support from a prior spouse).

Furthermore, to have an order of spousal support/alimony modified, the party seeking the modification must file a separate action and there must be a change in financial circumstances for one or both parties.

An experienced family law lawyer can answer even your most complex questions regarding spousal maintenance. Call or email Hecht Family Law to discuss your case with an Alpharetta spousal support attorney.