After a divorce, spousal support can provide crucial financial assistance to a spouse who relied upon the other economically during the marriage. Commonly referred to as “alimony,” spousal support in Georgia is not mandatory. However, it may be negotiated between spouses during divorce proceedings or granted by the court in certain circumstances.

What is Spousal Support in Georgia?

Spousal support in Georgia is payment made by the higher earning spouse to the economically dependent spouse after divorce. It is meant to help maintain the financial status quo and give the supported spouse the opportunity to get back on their feet.

A financially dependent spouse may request permanent alimony or short-term alimony. Permanent alimony continues for a lengthy period of time. It is generally awarded when a spouse is unable to work due to their age, or because they have a physical or mental illness that prevents them from being gainfully employed. In contrast, short-term alimony is meant to be a temporary solution to provide stability for the dependent spouse while the divorce proceedings are ongoing.

In addition, rehabilitative alimony can be awarded in cases where a spouse needs financial support while they gain the skills or education needed to enter the workforce. This type of spousal support may be awarded in cases where a spouse was a homemaker while supporting the other’s career. Specifically, it can help prepare the supported spouse for financial independence.

Who Qualifies for Spousal Support?

There is no automatic right to spousal support in Georgia — and neither spouse is favored over the other in court based on gender. One spouse must demonstrate a financial need for financial support, and the other spouse must have the ability to pay. Both spouses are required to fully disclose their finances to ensure a fair negotiation. Generally, spousal support is awarded to a spouse who relied on the other financially during a long-term marriage and has minimal potential to earn income.

The duration of spousal support can vary, depending on the facts of the case. However, if the supported spouse’s financial situation drastically improves, the paying spouse may be able to obtain a downward modification. Similarly, the paying spouse may also be entitled to a modification if they experience a significant financial hardship.

How is Spousal Support Determined?

Spousal support in Georgia can be determined in two ways. These matters can be settled between the spouses out of court using mediation or negotiation — or a judge can decide the issue in litigation. In either case, once a judge signs the order, it becomes binding and enforceable on both spouses. Neither party can make a change to a court-ordered spousal support arrangement without the consent of the other, or a judge’s ruling. If spouses later agree to a modification of spousal support, a new order would need to be issued by the court for the agreement to be enforceable.

Mediating Spousal Support

Mediation can be an effective way to resolve spousal support matters in divorce. This process takes place in a neutral environment where settlement discussions are guided by a third party called mediator. Spouses can freely express their concerns and needs in mediation to achieve a fair outcome — and importantly, they remain in control of the results of their case.

Some of the benefits of mediating spousal support include:

• Tailored agreements — Spouses can create a customized agreement that considers their specific needs and financial situation.
• Cost-effectiveness — Mediation can help spouses avoid lengthy and costly court battles over the issue of spousal support.
• Privacy — Since the mediation process does not take place on the public record like litigated divorce proceedings, it can keep a couple’s marital issues and financial affairs private.
• Amicability — Mediation is a collaborative process that can allow spouses to resolve spousal support matters with less conflict.

Significantly, creative solutions can often be found in mediation that would not otherwise be available in the courtroom.

Litigating Spousal Support

In the event mediation attempts fail and the matter is litigated in court, a judge would evaluate a variety of factors to determine whether spousal support is appropriate — as well as the amount and length of time it should be paid.

Factors that are considered by a court to decide spousal support can include the following:

• The standard of living during the marriage
• The length of the marriage
• The age and health condition of each spouse
• The financial resources of each spouse
• The amount of time necessary for either spouse to acquire sufficient education or training to find employment
• Each spouse’s contributions to the marriage
• Each spouse’s earning capacity and liabilities
• Any other factors the court deems relevant

A judge would also consider marital misconduct, such as adultery or abuse, when determining spousal support in Georgia. If a spouse’s adultery was the reason for the separation, they would generally be prohibited from receiving alimony. However, if the adultery was not the reason for the divorce, the spouse might still be entitled to support, depending on the factors above.

Contact an Experienced Georgia Spousal Support Attorney

Spousal support in Georgia can be complex — it’s essential to have a knowledgeable attorney who can advise you regarding your options and advocate for your rights. At NVP Family Law, we provide personalized time and attention to clients for a wide range of divorce and family law matters, including those involving spousal support. We welcome you to contact us for a consultation online or by calling 470-314-0253 to learn how we can help.