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Alimony in Georgia

Macon GA Divorce Lawyer

Alimony is financial allowance given by one of the spouses to the other when living separately. Alimony is one aspect of a divorce which is largely misunderstood. The awarding of alimony is decided by the judge after taking a lot of things into consideration. The duration and the amount are important features that are given due consideration while deciding alimony.

 

The factors taken into consideration include financial needs of the parties as well as the capacity to pay alimony. If both spouses earn similar amounts annually, then most probably no alimony would be payable to either spouse by the other. If there has been instance of adultery or abandonment by any one of the spouse, alimony might not be granted. Thus just getting divorced does not ensure alimony. The granting of alimony is decided by the judge after hearing all evidence.

 

In the State of Georgia two types of alimony is awarded – temporary and permanent. The temporary alimony is awarded when the final decision on divorce is pending. For a judge to award temporary alimony the couple concerned has to appear for a hearing in front of the judge. Judge has the right to decide on granting of temporary alimony as well as the amount based on needs of one of the spouses.

 

On granting of temporary alimony, one spouse is required to pay an amount of money to the other during course of divorce. Permanent alimony is awarded when the final decree and judgment of divorce has been executed. Permanent alimony does not mean that one spouse pays another for the rest of his or her life.

 

The court ordered financial support can be structured in a number of ways. They can be paid as a lump sum single payment or as periodic payments over predetermined period of time. The spouse who pays alimony can enjoy tax deductions for them. But for the spouse receiving alimony it is considered as income. In Georgia, alimony payments are not discharged during bankruptcy.

 

In the course of time alimony can be restructured by the court. Alimony payments are modifiable unlike division of assets during divorce. Alimony payment structure can be changed depending on employment and retirement. In the event of death of the person making payments, the estate takes over. But remarriage of the recipient of alimony payments automatically terminates this obligation.

 

A Georgia divorce lawyer is the best person to extend legal counsel regarding alimony payments and amount of alimony. They would be able to decide whether alimony can be claimed and the best structure of payment that would be a support to the financial situation of recipient. It should not be mistaken for a right but would be granted by judge based on his discretion.

 

If you are contemplating a divorce, call an experienced Macon GA divorce attorney today.