You’ve been married for many years, raised the children, now you or your spouse wants to divorce. What are your rights under Georgia law?

Georgia law provides for alimony, which requires one spouse to pay money to the other spouse either in a lump sum or over time.

Georgia law provides that alimony can be awarded when the parties are married and the cause of the divorce is not the adultery of the person requesting alimony, considering the following factors:

  1. The standard of living established during the marriage;

    (2) The duration of the marriage;

    (3) The age and the physical and emotional condition of both parties;

    (4) The financial resources of each party;

    (5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

    (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;

    (7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and

    (8) Such other relevant factors as the court deems equitable and proper.

Unfortunately, there is not a simple formula, like in child support, to determine alimony. Alimony cases are always very dependent on the particular facts of each case. Generally, the longer a marriage and the more contributions a spouse makes to a family unit the better the case is for alimony. Behavior is also important; Did your spouse run off with another person, leaving you high and dry? Do you have physical problems which makes it unlikely that you will be able to support yourself? Did you sacrifice your career to raise the kids?

It is important to retain a lawyer to present you in this complicated issue. If you are sixty years old and receive $2,500.00 per month in alimony for ten years, this equals an award of $300,000.00!!! Make sure you receive a fair amount for your services during the marriage.