Georgia Alimony And Spousal Support Attorneys

Alimony, sometimes known as spousal support, is financial support provided by one ex-spouse to the other, in situations in which one spouse is in need of economic support. Alimony is gender-neutral, meaning that either party to the divorce can receive it. It is separate from child support, which are payments intended to be solely for the benefit and care of minor children.

Legal Separation (Maintenance Without Divorce)

In Georgia, there is no such thing as legal separation. However, there are situations in which a married couple may decide to live apart without getting a divorce. In those situations, our attorneys can advise you of your options and provide you with direction on how to pursue (or contest) the means of getting maintenance, or financial support from one spouse to the other, without getting a legal divorce.

How Courts Determine Alimony

Georgia courts will determine alimony based on the financial needs of each spouse. The goal of the courts in a contested divorce is to leave each party in a similar financial position post-divorce as experienced during the marriage.

Alimony can either be a lump-sum payment, a series of payments for a limited time, or ongoing payments for an indefinite period. When deciding alimony, courts will look to:

• Each party’s income
• Each party’s future earning potential
• The length of the marriage
• Contributions to the marriage, including for childcare and homemaking
• Any relevant medical conditions
• Other relevant contributing factors

Generally speaking, the longer the length of the marriage and the greater discrepancy in income and earning potential, the greater the likelihood that a significant amount of alimony will be awarded.

Is Alimony Taxable In Georgia?

No, alimony is not taxable in Georgia for federal or state tax purposes.

Under the Tax Cuts and Jobs Act (TCJA) of 2017, alimony payments are not deductible for the payer and are not considered taxable income for the recipient for divorce agreements finalized on or after January 1, 2019.

However, if a divorce agreement was finalized before January 1, 2019, the old tax rules may still apply, meaning:

• The payer can deduct alimony payments.
• The recipient must report alimony as taxable income.

Since tax laws can be complex and may change, consulting a lawyer to understand how alimony may affect your financial situation is essential.

Can You Modify Spousal Support In Georgia?

Yes, you can modify spousal support in Georgia under certain circumstances.

• Change in financial circumstances: Modification is possible if either party experiences a significant change in income or financial situation, such as job loss, promotion or medical issues.
• Cohabitation: If the recipient begins cohabiting in a marriage-like relationship, the paying spouse may petition for a reduction or termination.
• Remarriage of the recipient: In most cases, alimony automatically ends if the recipient remarries.
• Expiration of a temporary alimony order: If the court awarded temporary alimony, it ends on the set date unless modified before then.

To modify alimony in Georgia:

• The requesting party must file a petition for modification in the appropriate Georgia court.
• The court will review financial records and circumstances to determine if a change is warranted.

Since modifications depend on individual case details, consulting with a family law attorney for guidance can be helpful.

How Long Does Spousal Support Last In Georgia?

The duration of spousal support in Georgia depends on various factors, including:

• The length of the marriage
• The financial needs of the recipient
• The ability of the paying spouse to provide support

Temporary alimony may be awarded during the divorce process, while rehabilitative alimony may be granted for a set period to allow the recipient to become financially independent. In long-term marriages, permanent alimony is possible but rare. Alimony obligations usually end if the recipient remarries or cohabitates with a new partner or if either party passes away.

Since the duration of spousal support is determined based on individual circumstances, working with a lawyer can clarify what to expect in a specific case.

How We Can Help

When alimony may be an option, it is important to have a thorough understanding of the financial situation and all relevant information pertinent to the living situation of each party. At Tisdale Middleton & Land, our alimony lawyers work aggressively to compile evidence of the financial situation of each party. We will use private investigators, business valuation experts, and other tools as needed. We can ensure all sources of income are accounted for when deciding whether alimony is appropriate. We will argue decisively for the appropriate outcome in court.

Our attorneys negotiate from a position of strength because we are always thoroughly prepared for court.

We also frequently represent clients who require modification of existing alimony orders.

You can reach us at our office in Evans by calling 706-303-0734 or through this convenient online contact form. We respond promptly to inquiries.