Alimony is like ice cream at a gas station. It comes in a few flavors, and some people love it while others absolutely hate it. By law in Georgia, a party can be awarded temporary alimony, paid while a case is percolating along through the court, and/or alimony upon the conclusion of the case. Alimony awarded at the end of the case is lump sum alimony or “periodic” alimony paid in installments over time. A form of periodic alimony is “lifetime alimony”.

If you think of a typical divorce, the spouses split up, and all of their stuff – the “marital estate” – must be divided as well. That may be bank accounts, retirement accounts (IRAs and 401(k) accounts, stocks, bonds, mutual funds), cars, houses, cash and furniture. After it is all divided, one party may be required to pay “from his or her separate estate” money to the other party. That’s alimony.

Now, there are a few “hard an fast” rules about alimony. First, alimony may be awarded in divorces (most common) as well as legal separation and abandonment cases. Second, you have to be separated. Third, temporary alimony can obviously be awarded only by the judge while a case is pending and at the request of a party. All forms of alimony awarded at the conclusion of a divorce may be awarded by either a judge or a jury, if one or both parties asks for a jury to decide alimony.

Fourth, while the law of child support in Georgia is vast (covering some 15,000 words and 33 pages) Georgia’s alimony laws cover only a small fraction of that, about 10%. The devil is usually in the details. In just a few words, know that alimony may be doled out by a judge or a jury on a largely discretionary basis. Discretionary is the law’s fancy way of saying “if they feel like it”. An exception to this happens if the judge or the jury believes that the demise of the marriage or basis of separation was the alimony requestor’s adultery or desertion. If they believe that, then the law allows no alimony.

An alimony claim is sort of like a 100 meter hurdle race. The person seeking alimony is on the track, and he has two hurdles in front of him. The first hurdle has “Need” stamped on it. He has to clear the hurdle by demonstrating that he needs support. This is often done by showing lack of marketable job skills, lack of work history, stale work history or disability preventing work. The second hurdle has “Ability to Pay” stamped on it. The requestor must show that the other party has the means to pay alimony and in the amount sought. That is normally shown by strong job skills and past and present income. After that, the judge or jury can also consider additional factors, like the length of the marriage, the parties’ standard of living, each party’s age and condition, the financial resources, any and all contributions each party made to the marriage (and to the other’s income and homemaking) and the time it will take the alimony seeker to “get on his feet”. Finally, the law allows them to consider “other relevant factors” considered fair and proper.

Of course the other party can also defend against paying alimony by poking holes in the requestor’s evidence and arguments. This often leads to very spirited and fact-specific litigation. Whether you think alimony is supreme justice or an abomination, know this – Alimony is very much alive in Georgia. In fact, despite what you may have heard, alimony will probably be around for quite a while – as it shows no sign of going away any time soon.

If you have questions about alimony, including alimony awards, modification of alimony or the tax effects of alimony, please contact us.