How Are Alimony Payments Determined?

For a myriad of reasons, some couples see it best to part ways and especially in cases where there are children involved, part of the divorce proceedings have to cover alimony or spousal support. When it comes to alimony entitlement, there’s a question as to how alimony payments are determined in Atlanta, Georgia. It’s not only because married people want a divorce that one or the other becomes entitled to alimony. It depends on the income of both parties, whose is higher. The estate of the parties seeking divorce is also looked at. In order to support the lifestyle that one of the parties with a lesser income has become used to, periodic payments or even a lump sum award may be determined by the court as alimony.

 

 

In the state of Georgia, determining alimony has no set guidelines. However, it depends largely on what the judge sees for a fact in looking at the needs of one party and the ability of the other party to pay. Future earning capacity is also checked into as well as the separate assets that each party has. If either the male or the female gets custody of the children, their noneconomic contributions in the marriage are factored in. This consists of homemaking, child care and even the support that a spouse has for the other in career building.

 

 

Another factor that determines alimony payments is the conduct of the parties towards each other while they were still in the marriage. Most usually when there’s abuse, be it verbal, physical or emotional, spousal support has to be provided for by the “abuser”. In cases like these, custody of the kids are given to the party who can be most responsible for their care and growth and so the one with the kids needs some kind of support to rear them in a good environment.

 

 

Alimony payments can be temporary or permanent and if it is permanent, either party has the ability to choose to have a jury trial to make alimony modifications. This however can only be done with regard to the amount and not the length of time it is paid. If a lump sum alimony is determined by court, that cannot be modified.