Temporary Alimony in Savannah, GA Divorce Cases
When going through a divorce in Savannah, Georgia, the financial transition can be overwhelming. One of the primary tools the court uses to maintain financial stability during the divorce process is temporary alimony, also known as alimony pendente lite (pending the suit). The Schachter Law Firm, LLC, has extensive experience helping clients navigate the complexities of temporary alimony to ensure their financial needs are met while their divorce is pending.
What is Temporary Alimony in Georgia?
Temporary alimony is a court-ordered payment from one spouse to the other during the pendency of a divorce or separate maintenance action. Its primary purpose is to allow a financially dependent spouse to maintain their standard of living, pay for expenses incident to the separation, and have the financial ability to pursue the divorce action to its completion.
Unlike permanent alimony, which is awarded after the divorce is finalized, temporary alimony only lasts from the time the parties are separated until the final decree of divorce is entered.
How is Temporary Alimony Determined in Georgia?
Unlike child support, there is no strict mathematical formula or calculator for determining alimony in Georgia. Temporary alimony is determined by a judge based on the financial needs of the requesting spouse and the other spouse’s ability to pay.
Requirements for Temporary Alimony
To establish a valid claim for temporary alimony in Georgia, the requesting spouse must demonstrate the following elements:
- A Valid Marriage: A valid marriage must exist between the parties.
- Bona Fide Separation: The parties must be living in a bona fide state of separation. This can be voluntary or the result of misconduct by one spouse that justifies a divorce.
- Pending Action: The claim must be incidental to a pending action for divorce or a suit for separate maintenance.
- Contested Issues: The husband and wife must have contested issues concerning the pending divorce.
It is crucial to note that if the separation was caused by the misconduct of the spouse requesting temporary alimony (such as adultery or desertion), that spouse may be barred from receiving it.
The Temporary Alimony Hearing
Temporary alimony is not granted automatically. The requesting party must file a motion with the court, usually as part of the complaint for divorce or the answer. The court will then schedule a temporary hearing.
During this hearing, the judge will hear evidence regarding:
- The requesting spouse’s financial needs.
- The other spouse’s ability to pay.
In Georgia, a trial court may only base its decision to award temporary alimony on evidence presented at this temporary hearing. The judge has broad discretion. If the requesting party has a substantial separate estate or the ability to support themselves independently, the court may deny the request. However, the court can still award temporary alimony even if the requesting spouse has some ability to contribute to their own support.
Forms of Temporary Alimony
While temporary alimony often takes the form of periodic cash payments (e.g., monthly), it can also include other financial obligations:
- Payment of Debts: The obligated spouse may be required to pay specific debts, such as mortgage payments, utility bills, or medical expenses.
- Use of Property: Temporary alimony may include the temporary award of the use and possession of the marital home or a vehicle.
- Attorney’s Fees: Importantly, temporary alimony can also include an award for attorney’s fees and expenses of litigation, ensuring both parties have adequate legal representation.
Does Temporary Alimony Guarantee Permanent Alimony?
No. Receiving temporary alimony does not guarantee that you will receive permanent alimony once the divorce is finalized. The factors considered for permanent alimony are more extensive and take into account the long-term financial picture of both parties post-divorce.
Frequently Asked Questions About Temporary Alimony
What is the difference between temporary and permanent alimony?
Temporary alimony is paid only while the divorce is pending, to help a dependent spouse cover living expenses and legal fees until the final decree is issued. Permanent alimony is awarded in the final divorce decree and provides support after the divorce is finalized.
How long does temporary alimony last in Georgia?
Temporary alimony lasts only from the time the court issues the temporary order until the final divorce decree is signed by the judge.
Can I modify or terminate temporary alimony?
A temporary alimony order can generally be modified by the court at any time before the final trial if there is a significant change in circumstances.
Does adultery affect temporary alimony in Georgia?
Yes. If the court finds by a preponderance of the evidence that the separation was caused by the requesting spouse’s adultery, that spouse is barred from receiving alimony, including temporary alimony.
Contact a Savannah Temporary Alimony Lawyer
Securing a fair temporary alimony order is critical to protecting your financial well-being during a divorce. The experienced divorce lawyers at The Schachter Law Firm, LLC, understand the nuances of Georgia alimony law and will aggressively advocate for your rights at your temporary hearing.
Contact us today at 912-233-8883 to schedule a consultation with an award-winning Savannah family law attorney.
