Alimony is support for one spouse that is paid by the other. Alimony is paid to one party in as if they were receiving “income.” Unless alimony is characterized as “lump sum,” it is taxable to the party receiving the alimony and deductible by the party who is paying the alimony. In Georgia divorce cases, alimony may be awarded on a temporary and permanent basis for the support and maintenance of either spouse. The duration and amount of alimony is based upon the needs of the spouse receiving the alimony and the ability of the other spouse to pay. Other factors which the Court may consider in determining the appropriate award of alimony include: the standard of living during the marriage, the duration of the marriage, the age and health of each party, the financial resources of each party, the contribution of each party to the marriage (i.e. homemaker, child care, primary caregiver), the separate estate and earning capacity of each party, the time needed for either party to acquire education or training to enable him or her to find employment, and any other relevant factors the Court regards as fair and proper. Alimony may be awarded in cash or property. Alimony may be payable periodically (monthly, quarterly or annually) or in one lump sum.
Georgia law does not provide a standard mathematical formula for determining an appropriate amount or length for alimony payments. A Judge or jury has significant latitude to determine the amount of an alimony award. Therefore, in any case where alimony is a factor, having an attorney who can provide the proper advice and advocacy may highly impact the outcome of an alimony award. The divorce lawyers at The Schachter Law Firm, LLC have extensive experience in litigating cases where alimony is a major issue and the firm has secured favorable outcomes on behalf of its clients in divorce cases.