Alimony

Gwinnett County Alimony Lawyers

What is Alimony?

Alimony is an allowance from one party’s estate for the support of the other party when spouses are living apart. It may be granted in cases of divorce, voluntary separation, or abandonment.

Alimony can be awarded to either spouse based on the needs of the spouse and the ability of the other spouse to pay. It can be paid from the earnings, marital property, or separate property of the payor.

At Daniels & Taylor, P.C., we help clients navigate family law cases involving alimony. Whether you are seeking an alimony award during your divorce or hoping to avoid overpaying alimony, our team is ready to help.

Call our Gwinnett County alimony attorneys today at (770) 285-1673. We serve clients in Lawrenceville and beyond.

How to Get Alimony in GA

In Georgia, a spouse may seek alimony (also known as spousal support) in a divorce proceeding. To be eligible for alimony, the spouse seeking support must demonstrate a financial need, and the other spouse must be able to pay.

Here are the steps to seek alimony in Georgia:

1. File for divorce: Alimony is usually requested as part of a divorce case, but Georgia law also allows a claim for permanent alimony when spouses have voluntarily separated or when one spouse has been abandoned or driven off by the other. In the divorce petition, the spouse seeking alimony should request spousal support.
2. Evidence of financial need: To receive alimony, the spouse seeking support must demonstrate a financial need. This may include providing evidence of income, expenses, and assets.
3. Provide evidence of ability to pay: The spouse who will be paying alimony must be able to do so. This may include providing evidence of income, expenses, and assets.
4. Georgia law recognizes two types of alimony, temporary and permanent, and permanent alimony may be paid in a lump sum or in periodic payments. The type of alimony awarded will depend on the circumstances of the case.
5. Negotiate or go to court: If the parties can agree on the terms of alimony, they can negotiate a settlement agreement. If they cannot agree, the court will decide based on the evidence presented at a hearing.

How Does the Court Determine Alimony?

The needs of a spouse and the other spouse’s ability to pay are the controlling factors in making an award of permanent alimony.

The following factors must be considered in determining the amount of alimony, if any, to be awarded:

• The standard of living established during the marriage
• The duration of the marriage
• The age and the physical and emotional condition of both parties
• The financial resources of each party
• Where applicable, the time necessary for either party to acquire enough education or training to enable him or her to find gainful employment
• 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
• The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties
• Other relevant factors the court deems equitable and proper

At Daniels & Taylor, P.C., our alimony attorneys in Gwinnett County understand how courts approach these cases and make decisions about spousal support awards. We can represent you no matter what side of the case you are on.

Understanding the Different Types of Alimony

When it comes to alimony, there are several different types that may be awarded depending on the circumstances of the divorce. It’s important to understand these types in order to navigate the alimony process effectively. At Daniels & Taylor, P.C., our experienced alimony lawyers in Lawrenceville, GA can provide guidance and representation for any type of alimony case.

Here are some common types of alimony:

• Temporary Alimony: Also known as pendente lite alimony, this type of alimony is awarded during the divorce proceedings to provide financial support to the lower-earning spouse.
• In setting alimony, the court must consider, where applicable, how long either spouse needs to get the education or training to find appropriate work, and periodic alimony may be ordered for a set period of time.
• Permanent Alimony: As the name suggests, permanent alimony is awarded when the recipient spouse requires ongoing financial support indefinitely. This type of alimony is typically awarded in long-term marriages where one spouse has significantly lower earning potential or is unable to work due to health reasons.
• It is usually provided for a specific period of time to help cover expenses related to the transition.

At Daniels & Taylor, P.C., we understand that every alimony case is unique. Our dedicated team of alimony lawyers will work closely with you to understand your specific needs and goals, and provide personalized legal solutions. Contact us today to schedule a case evaluation.

How Long do You Have to be Married to Get Alimony in Georgia?

The length of the marriage is one factor the court must consider, along with each spouse’s needs, ability to pay, and earning capacity. Spousal support payments are calculated and awarded by the court. There are no set formulas for calculating spousal support in Georgia. Because Georgia has no set formula for alimony, the judge or jury has wide discretion to set the amount based on the evidence and the factors the law requires them to consider. The basis of alimony is usually based on the needs of the spouse and the ability to pay by the other spouse. Temporary support is often awarded while a divorce process is being managed.

How does the Trump Tax Plan Affect Alimony?

Traditionally, alimony is treated as income to the person being paid and is tax-deductible for the person paying it. The Tax Cuts and Jobs Act of 2017 changes how alimony is treated by the IRS. Under federal tax law, alimony paid under a divorce decree or separation agreement executed after December 31, 2018, generally is not taxable to the recipient or deductible by the payor, and older agreements can be brought under this rule only if a later modification expressly says so. That means alimony does not need to be reported as income by the recipient nor is it deductible by the payor.

This changes everything about how we can negotiate a settlement in your divorce. It will not be quite as important when splitting up property to label the payment as “property division” or “alimony.”

Schedule an office case evaluation with Daniels & Taylor, P.C. today. Call our Gwinnett County alimony lawyers now at (770) 285-1673.