Georgia Alimony / Spousal Support

Georgia alimony, also referred to as spousal support is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.

Types of Alimony Awarded in Georgia

There are two types of alimony in the State of Georgia; temporary and permanent. Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case.

In cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay.

In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. If it is established by a preponderance of evidence that the separation was caused by the party seeking the alimony having committed adultery or desertion alimony will be denied.

Georgia statute states that "Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.'

According to Georgia statute § 19-6-5. the following factors are used in determining amount of alimony if any, to be awarded:

Georgia statutes for divorce and alimony can be found here: Official Code of Georgia - Annotated in Title 19, Domestic Relations, Chapter 6 - Alimony and Child Support.

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