Permanent Alimony in Savannah, GA Divorces
In Georgia divorce cases, “permanent alimony” refers to the spousal support awarded in the final divorce decree. Despite the name, permanent alimony is rarely “permanent” in the sense of lasting forever. Instead, it is designed to provide ongoing financial support to a dependent spouse after the divorce is finalized, either for a set period or indefinitely, depending on the circumstances.
At The Schachter Law Firm, LLC, our award-winning divorce lawyers have extensive experience litigating complex alimony cases in Savannah and Chatham County. We work diligently to ensure that any alimony award is fair and accurately reflects the financial realities of our clients.
Establishing a Claim for Permanent Alimony
Before a court determines the amount of alimony, a spouse must first establish a valid claim. Under Georgia law, this requires showing:
- A valid marriage exists between the parties.
- The parties are living in a bona fide state of separation.
- The claim for permanent alimony is incidental to a pending action for divorce or suit for separate maintenance.
Can Adultery Affect Alimony in Georgia?
Yes, adultery can have a significant impact on alimony. Under O.C.G.A. § 19-6-1, a party is barred from receiving alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion.
While other forms of misconduct may be considered by the court when determining the amount of alimony, adultery and desertion that cause the separation act as a complete bar to receiving any alimony at all.
How is Permanent Alimony Calculated in Georgia?
Unlike child support, Georgia does not have a strict mathematical formula or calculator for determining alimony. Instead, judges and juries have significant discretion. The overarching principle is a balancing test: the needs of the spouse requesting alimony versus the ability of the other spouse to pay.
To determine the appropriate amount and duration of permanent alimony, Georgia courts consider the following statutory factors (O.C.G.A. § 19-6-5):
- Standard of Living: The standard of living established during the marriage.
- Duration of the Marriage: Longer marriages are more likely to result in longer-term or permanent alimony awards.
- Age and Health: The age, physical condition, and emotional condition of both parties.
- Financial Resources: The financial resources of each party, including their separate estates and earning capacities.
- Time for Education/Training: Where applicable, the time necessary for either party to acquire sufficient education or training to find appropriate employment (often referred to as “rehabilitative alimony”).
- Contributions to the Marriage: The contribution of each party to the marriage, including homemaking, child care, education, and career building of the other party.
- Condition of the Parties: Fixed liabilities and debts of the parties.
- Other Relevant Factors: Any other factors the court deems equitable and proper.
Forms of Permanent Alimony
Once the court determines that alimony is warranted, it must establish the form of payment. Permanent alimony can be awarded in several ways:
- Periodic Payments: This is the most common form, involving regular payments (e.g., monthly or bi-monthly) for a specific duration or indefinitely.
- Lump Sum Alimony: A one-time cash payment or a fixed amount paid in specific installments. Lump sum alimony is generally not modifiable.
- Property: Alimony can also take the form of the use, ownership, or possession of real or personal property (e.g., awarding one spouse the marital home and requiring the other to pay the mortgage).
How Long Does Alimony Last?
In Georgia, permanent alimony is not necessarily lifelong. The duration of alimony is determined by the judge or jury based on the specific facts of the case, primarily the length of the marriage and the time needed for the dependent spouse to become self-supporting.
While there is no strict legal formula, a common “rule of thumb” often discussed in Georgia family law is one year of alimony for every three years of marriage. However, this is just a general guideline, and actual awards can vary significantly.
Termination of Permanent Alimony
Unless otherwise specified in a settlement agreement or court order, periodic permanent alimony obligations terminate upon the remarriage of the spouse receiving the alimony. The death of either spouse also typically terminates periodic alimony obligations.
Frequently Asked Questions About Permanent Alimony
What is alimony in a divorce case?
Alimony is financial support paid by one spouse to the other during or after a divorce to help the lower-earning spouse maintain their standard of living and financial stability.
How is alimony calculated in Georgia?
Georgia has no fixed formula or calculator for alimony. It is determined by the court based on the needs of the receiving spouse and the paying spouse’s ability to pay, considering factors like the length of the marriage, standard of living, and each party’s financial resources.
How long does alimony last in Georgia?
The duration varies. It can be for a specific rehabilitative period, or long-term for lengthy marriages. Periodic alimony typically ends upon the remarriage of the receiving spouse or the death of either party.
Does adultery affect alimony in Georgia?
Yes. If the separation was caused by the requesting spouse’s adultery, they are barred from receiving alimony under Georgia law.
How can I avoid paying alimony in Georgia?
Strategies to avoid or minimize alimony include proving the separation was caused by the other spouse’s adultery or desertion, demonstrating your inability to pay, showing the other spouse does not have a financial need, or negotiating a property settlement in lieu of alimony.
Contact The Schachter Law Firm, LLC
Because there is no set formula for alimony in Georgia, having skilled legal representation is crucial. Whether you are seeking alimony to maintain your financial stability or defending against an unreasonable alimony request, The Schachter Law Firm, LLC can help.
Contact our Savannah office at 912-233-8883 to schedule a consultation with an experienced alimony attorney.
