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How alimony works in Georgia
Summary
Alimony is money one spouse pays to support the other after they separate. It isn't automatic in Georgia: it depends on one spouse's needs and the other spouse's ability to pay.[1]
Georgia has no formula for alimony like it does for child support. Judges weigh factors such as the length of the marriage, the standard of living, each spouse's income and earning ability, and each spouse's contributions to the marriage.
Permanent alimony usually ends if the spouse receiving it remarries. Alimony paid in regular payments can usually be changed later if either spouse's finances change.
Who can get alimony
Either spouse can ask for alimony. A judge looks at whether one spouse needs support and whether the other can afford to pay it.[1]
A spouse can't receive alimony if the court finds that their adultery or desertion caused the separation. In other cases, the judge must consider how each spouse treated the other when deciding whether to award alimony.[1]
What judges look at
There's no set formula. Georgia law lists these factors for the amount:[2]
- The standard of living during the marriage
- How long the marriage lasted
- Each spouse's age and physical and emotional health
- Each spouse's financial resources
- How long either spouse would need to get the education or training to find suitable work
- Each spouse's contributions to the marriage, including homemaking, child care, and supporting the other's education or career
- Each spouse's separate property, earning capacity and fixed debts
- Anything else the judge finds fair to consider
Temporary and permanent alimony
- Temporary alimony: support while the divorce is still going on. It's often set at a temporary hearing.
- Permanent alimony: support set in the final decree. Despite the name, it can be for a set number of years rather than for life.
- Periodic or lump sum: alimony can be paid in regular payments, usually monthly, or as one fixed amount, sometimes paid in installments.
When alimony ends
Unless the decree or agreement says otherwise, permanent alimony ends if the spouse receiving it remarries.[2] It also ends when the period set in the decree runs out.
Changing alimony later
Either former spouse can ask the court to change permanent periodic alimony if the income and financial status of either one has changed. A spouse who asks usually can't ask again within two years of the decision on their last request.[3]
Alimony can also be changed if the spouse receiving it lives openly and continuously with a new partner in a romantic or sexual relationship. A spouse who asks for a change on this ground and loses must pay the other spouse's reasonable lawyer's fees.[3]
Some settlement agreements say alimony can't be changed later. Read that part carefully before you sign.
Taxes
Under federal law, for divorce or separation agreements and court orders signed after 2018, alimony isn't deductible for the spouse who pays it and isn't taxable income for the spouse who receives it. Older agreements usually follow the earlier rules unless they were later changed to adopt the new rule. A tax professional can tell you how it applies to you.
Questions you might ask a lawyer
- Based on our situation, is alimony likely, and for how long?
- Should alimony be paid monthly or as a lump sum for us?
- Should our agreement allow alimony to be changed later?
- What should I gather to show my income, expenses and needs?
Common questions
Is there an alimony calculator in Georgia?
No. Unlike child support, Georgia has no formula for alimony. Judges weigh factors such as the length of the marriage, the standard of living, and each spouse's income, earning ability and contributions.[2]
How long does alimony last in Georgia?
It depends on the decree or agreement. Temporary alimony lasts while the case is going on. Permanent alimony can be for a set number of years or longer, and it usually ends if the spouse receiving it remarries.[2]
Does adultery affect alimony in Georgia?
It can. A spouse can't receive alimony if the court finds that their adultery or desertion caused the separation.[1]
Can alimony be changed after the divorce?
Regular (periodic) alimony usually can be changed if either former spouse's income and finances change, or if the spouse receiving it lives openly with a new partner, unless the agreement clearly says it can't be changed. A fixed lump sum generally can't be changed.[3]
Sources
- ^ O.C.G.A. § 19-6-1, alimony and conduct of the spouses (Justia)
- ^ O.C.G.A. § 19-6-5, factors and effect of remarriage (Justia)
- ^ O.C.G.A. § 19-6-19, changing alimony (Justia)
- IRS Topic 452, alimony and separate maintenance
Laws and court rules change. If something here looks out of date, email help@divorce.city.