Questions About Spousal Support? I Can Provide Answers.

Alimony is one of the most disputed and difficult aspects of any divorce. However, in most cases involving an alimony discussion, it is a necessary and rightful pursuit of post-divorce support. All that said, both sides in a divorce are likely to have questions, and I’m here to answer them.

Alimony, also called spousal support, is established after looking at both spouses’ needs versus their abilities to pay alimony. There are a number of factors that judges and juries in Georgia take into consideration, including:

• Marriage duration
• Age of each spouse
• Cause or causes of the divorce or separation
• The couple’s standard of living
• Shared and separate financial resources, including debts
• Each spouse’s earning capability
• A need to obtain additional education or training to return to the workforce (if applicable)
• Contributions to the home, including child-rearing and taking care of the home

At my family law firm, Candace M. Williams, P.C., I sit down with clients and look at tax returns, past earning history, budgets, current expenses and future expenses separate from a spouse. Then, I guide them in making a realistic alimony claim. There are several forms of alimony – monthly payments or periodic; in kind or paid in the form of another expense, such as health insurance; and lump sum, which is received in a large payment or short increments.

Modifying Or Terminating An Alimony Award

A court order determines the initial alimony award based on circumstances at the time of divorce. But if the needs or financial resources of either spouse change significantly, either can petition the court to increase, decrease or eliminate the alimony award. One of the most common reasons people seek an end to an alimony award is that the receiving spouse has gotten remarried or has entered into a romantic cohabiting relationship with another partner.

My name is Candace Williams, and I’ve spent 20 years as a family law and alimony attorney in Gainesville. Every single aspect of your case will be decided on the ground by an array of specific unique factors, but at the start, you will likely have questions. To get you started, I have answered a few common questions below.

What types of alimony are available in Georgia?

In Georgia, there are two basic types of alimony or spousal support that can be ordered: temporary or permanent. A temporary alimony is, as the name implies, only meant for a short time, typically during the divorce or immediately afterward while the newly divorced, dependent party finds new work to support themselves. Often, this is called “rehabilitative” alimony.

Permanent alimony is typically awarded when the parties are older, and the ability to secure new work or other means is severely limited by infirmity of some sort. Permanent alimony is meant to be in effect in perpetuity, unless circumstances vastly change.

Can alimony be modified?

Yes. All divorce agreements and judgments can be modified in the event of a considerable life change. Alimony – even permanent alimony – is no different. However, you must prove that the reason for pursuing a modification is justified, and I can help you with crafting that petition.

How long does alimony last?

Alimony can last as little as a few months with a step down plan, to the rest of a person’s life. The award of alimony depends on the discussions and findings of the court, but it will often end when the receiving party gets remarried.

What happens if the paying spouse fails to pay alimony?

If the paying spouse does not pay their ordered alimony, then it is time to pursue enforcement measures. I can file an enforcement claim with the county clerk in Hall County demanding enforcement. From there, the court can demand payment, file contempt charges or even garnish wages.

Can alimony be waived?

Yes. Alimony is not automatic. It has to be sought in court and approved by the court. If you do not want to receive alimony, you do not have to pursue it.

Contact My Firm For Case-Specific Advice And Representation

Whether you need an attorney’s help with an initial support order or a modification, reach out to my firm, Candace M. Williams, P.C. I am here to advocate for your needs. To learn more about how I can help, call my office in Gainesville at 470-705-5442 or send me an email.