Kelli Hooper is a divorce attorney based in Fayetteville who helps clients in the Metro Atlanta area. She can be reached at 888-558-1353. Learn more at her AsktheLawyers.com™ profile:

If you’re a Georgia resident considering divorce, you need to know how alimony (aka spousal support or maintenance) could affect your life. The recent tax law has had a significant impact on alimony payments.

We sat down with divorce attorney Kelli Hooper to better understand alimony laws in Georgia. She stressed the importance of reviewing your prenuptial agreement, considering the factors that led to the divorce, and contacting an attorney (or two) when exploring your options.

Topics covered in this video:

0:50 – What types of alimony are there in Georgia?
1:45 – How does the court decide between temporary versus permanent alimony?
2:49 – Does the length of the marriage affect the alimony payment? How is alimony calculated in Georgia?
3:37 – How has alimony in Georgia changed? Did the new tax law affect alimony?
4:45 – What are some other trends in alimony? How is alimony payment structured? Can it be administered via a lump sum or IRA?
6:08 – Does being out of the workforce affect alimony for stay-at-home moms?
8:53 – What about fault? Does adultery or abuse affect alimony?
9:45 – Can alimony be changed or modified after a divorce?
11:30 – Any other advice for people considering divorce (or marriage)?
12:26 – Should you contact an attorney who specializes in divorce?

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements….(read more)

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Considering Divorce? Georgia Attorney Answers Questions About Alimony

Going through a divorce can be one of the most difficult and emotionally charged experiences in a person’s life. Aside from the emotional turmoil, there are also practical and legal matters to be addressed, such as alimony. Alimony, sometimes referred to as spousal support or maintenance, is a financial payment that one spouse may be required to make to the other during or after a divorce.

To shed some light on this often-confusing topic, we spoke to a Georgia-based attorney who specializes in family law. Here are some commonly asked questions about alimony and the attorney’s answers to them:

Q: What factors are considered when determining alimony in Georgia?

A: Georgia courts will consider various factors when determining alimony. These may include the financial resources of both parties, the standard of living established during the marriage, the duration of the marriage, the age and physical condition of each spouse, and the potential earning capacity of the receiving spouse. Other factors, such as the contributions each spouse made to the marriage and any misconduct that led to the divorce, may also be taken into account.

Q: Is alimony always awarded in a divorce case?

A: No, alimony is not automatically awarded in every divorce case. The court will analyze the factors mentioned earlier before deciding whether alimony is appropriate and necessary. The goal is to ensure that each spouse can maintain a similar standard of living post-divorce and that the recipient spouse can become financially self-sufficient over time.

Q: How long does alimony typically last in Georgia?

A: The duration of alimony payments in Georgia will depend on the specific circumstances of each case. Alimony can be awarded for a specific time period, known as temporary alimony, or it can be awarded indefinitely until a specific event occurs, such as remarriage or the death of either party.

Q: Can alimony be modified?

A: Yes, alimony can be modified under certain circumstances. If there is a significant change in circumstances, such as a change in the financial situation of either party, a court may consider modifying the alimony agreement. However, it is crucial to consult with an attorney to ensure that any changes are done legally and in accordance with the court’s guidelines.

Q: Are there any tax implications regarding alimony?

A: Yes, there are tax implications associated with alimony. Under the current tax laws, alimony payments are tax-deductible for the paying spouse, while the receiving spouse must include the alimony as taxable income. However, it is important to note that tax laws change, and it is always advisable to consult with a tax professional or attorney for accurate and up-to-date information.

Divorce is a highly personal and complex matter, and it is advisable to seek legal counsel from an experienced attorney who specializes in family law. They can guide you through the process, explain the applicable laws in your jurisdiction, and help you make informed decisions about alimony and other important matters.

Remember, the information provided here is for general informational purposes only and does not constitute legal advice. Each divorce case is unique, and the outcome may vary depending on the specific circumstances involved.