Gainesville Alimony And Spousal Support Lawyers
A request for alimony by one of the parties in a marriage is usually a divisive issue. Whether you are a spouse in need of support, or are facing a claim of alimony with a extensive experience and creative solutions, we can help you make decisions that lead to a better outcome for you.
At Coleman, Chambers & Rogers, LLP, our firm’s domestic team has more than 70 years of combined legal experience. For family law matters, our efforts are led by attorneys Susan D. Brown and Bob Coleman. They can help you find answers to your questions and understand everything you need to know about alimony in Georgia.
Alimony Eligibility Under Georgia Law
Alimony is ultimately determined by examining one spouse’s need and the other spouse’s ability to pay. The judge or jury can consider numerous factors in determining whether alimony should be awarded in divorce, including, but not limited to:
- Duration of the marriage
- Causes of separation
- Standard of living
- Financial resources
- If applicable, time necessary to obtain education and training for employment
- Contributions, including homemaking, child care, education and career building
- Condition of the parties, including separate estate, earning capacity and fixed liabilities
- Such other factors as are equitable and proper
In the discussions for alimony, we will be your voice offering a perspective that is guided by your goals and needs in this situation.
Types Of Alimony
There are two types of alimony in the state of Georgia: lump-sum alimony and periodic alimony. Lump-sum alimony is an award of a set amount even if paid over time, and is not subject to conditions like remarriage. This includes “in-kind” alimony, in which the receiving spouse gets property instead of cash as payment. Generally, periodic alimony is subject to a certain period of time, i.e., five years, 10 years, remarriage of the receiving spouse or some other triggering event. The duration is indefinite, and the amount is indefinite as it is subject to various time constraints. Periodic alimony can be modified, but lump sum and in-kind alimony cannot. Click on the title to read our article on Adultery and its Effect on Alimony.
Our lawyers have decades of experience in family law, and we will discuss each of these factors with you to determine if alimony is appropriate in your case.
Modification Of Alimony
Lump sum and in-kind alimony cannot be modified. Only periodic alimony is modifiable. Either the person paying or the person receiving alimony can file a modification action. The burden is on the person filing to prove by a preponderance of evidence that there has been a substantial change in the income or financial status of either former spouse to warrant a revision. The court must determine if there has been a material change in income and financial status of either spouse. If so, the court decided if that change warrants a modification and revision.
Two-Year Rule: A modification action can be filed at any time after the original order establishing the alimony obligation. However, once a modification has been filed and ruled upon, that spouse must wait at least two years before filing his or her second modification action. We understand that circumstances change. We offer assertive representation to help you obtain a fair agreement.
Meretricious Relationship/Live-In Lover Statute
The voluntary cohabitation of a former spouse with a third party in a meretricious relationship is grounds to modify the provisions for periodic payments. However, Georgia law does not mandate reduction or termination in the event the former spouse takes a live-in lover. The burden is on the person filing the petition for modification to establish that:
- The former spouse has entered into a meretricious relationship with a third party
- The cohabitation warrants a modification and revision of the alimony obligation
It is important that you communicate with a lawyer to determine if the settlement agreement incorporated language regarding the entry into a “meretricious relationship.”
Waiver Of Modification Rights
Either party to an alimony agreement retains the right to seek modification unless the agreement expressly and specifically waives that right. When an agreement unequivocally waives the right to revision of alimony and specifically cites O.C.G.A. § 19-6-19, et seq., then no judiciary inquiry is required. A court cannot require a party to waive their right to seek future modification of alimony.
Get The Insight And Representation From An Experienced Team
Alimony rules are complex, but our legal team has over a century of combined legal experience to help you understand them. To learn more about alimony and modification, contact Coleman, Chambers & Rogers, LLP, in Gainesville at 678-601-2495 or send us an email.