Atlanta Alimony Attorney

How is Alimony Determined?

One of the most important issues to address during the divorce process is alimony, also referred to as spousal support or spousal maintenance.  Alimony is the award of money from one spouse to the other, and only those parties that are/were married may be awarded alimony.  Parties who lived like they were married do not qualify, even if they shared everything.  You must be married. 

Although there is no formula for determining alimony, there are some criteria the courts will take into consideration when determining the amount of alimony to award:

(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him/her to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and proper.

These are all elements that we argue when it comes to an alimony case.  In practical terms, in the modern age, alimony is usually awarded on a temporary basis and not on a lifetime basis.  The award of alimony is usually based on the need to support the other spouse after a divorce while that spouse is given time to find a job, or complete the education necessary to enable that spouse to obtain a self-supporting job. A more commonly understood term for this is "rehabilitative" alimony, so as to financially rehabilitate a spouse and give them a chance to become self-supporting.

Sometimes, however, alimony is awarded beyond rehabilitative alimony and is based upon longer term issues.  Not every spouse is at a stage in life where they will be able to start a new career or become financially independent from their spouse.  In such cases, alimony can be awarded for much longer periods of time, it can even be made permanent.  Cases like this usually involve older people and longer term marriages.  In these types of cases, if the spouse receiving alimony remarries, the obligation of the other spouse to continue paying support will be terminated.

Why Alimony Laws Exist

Alimony laws were established based upon the fact that the marriage is a partnership, and that in many marriages one partner sacrifices his or her career opportunities and education in order to support the other spouse's career and education.  If the parties subsequently divorce, the spouse who sacrificed their career and education is at a distinct financial disadvantage going forward, and should essentially get something out of his/her investment in the other spouse's career and education that he/she helped to support.  It will never be legally stated that way, but that is the general gist behind the award of alimony in most modern cases. 

Any case involving alimony will usually be fought hard, so planning for and preparing such a case is important if you are trying to get alimony.

Defending an Alimony Claim

Defending against alimony claims is largely the reverse of trying to get alimony.  The gist is taking into account the statutory criteria above, and presenting a meticulous case as to why alimony should not be granted or why it should be minimized.  In some cases some alimony will need to be paid, but minimizing the amount of alimony paid and the duration of alimony is the goal.  In other cases it can be argued that it is preposterous to pay any alimony at all.  Again, it is case specific. 

How Adultery Affects Alimony

Adultery plays a large role in alimony cases.  If you can prove the cause of your marital break-up is your spouse's adulterous affair, then that spouse is not entitled to any award of alimony at all.  On the other hand, if your spouse has broken up the marriage because of an adulterous affair, you may be able to argue that you should get some alimony (where otherwise alimony would not be awarded) or more alimony then what alimony would otherwise have been awarded.  It also makes for good leverage in settlement talks. 

Contact an Experienced Atlanta Alimony Lawyer

Throughout my career I have argued many alimony cases on both sides very successfully.  Arguing alimony takes meticulous preparation and presentation at court, and is usually a hotly contested issue.  On occasions alimony can be used for odder situations to create an equitable result.  For example, in one case my client paid for his wife's MBA education, only to have his wife file for divorce 2 weeks after he paid her final tuition payment.  It was not fair and equitable for my client to get nothing out of this investment so we asked for an award of alimony from the wife, although the wife made less money than the husband in that case.  These cases are rare, but alimony has aspects to it that can sometimes be creatively utilized.

If you have any additional questions about your rights in regards to alimony, as I am sure you do, please do not hesitate to contact me, Atlanta divorce attorney Scott Shaw, at (770) 594-8309 today!