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 Long do You Have to be Married to Get Alimony in Georgia?
Typically spousal support is awarded for a spouse ending a long term marriage (10+ years) where one spouse has minimal income earning potential. Spousal support payments are calculated and awarded by the court. There are no set formulas for calculating spousal support in Georgia. The financial support calculation process could be considered to be subjective and arbitrary. 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. If you get divorced after December 31, 2018, alimony is not taxable. 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."
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.
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