Alimony or spousal support is defined as a sum of money that one spouse pays for the support of the other spouse. Unlike child support, there is no specific method of calculation for spousal support. No spouse is automatically entitled to or excluded from an award of alimony or spousal support. Alimony is based on the payor’s ability to pay and the payee’s need for support. Courts look at several factors, such as the parties’ lifestyle, bills and expenses at the time of the divorce filing and after the divorce, the ability for each party to earn income in the future, the separate assets of each party that are not part of the marital estate, the length of the marriage, and the conduct of the parties, to determine whether alimony is warranted.

A person who is earning little income or an income that is substantially less than the income of his or her spouse at the time of the filing of the divorce may receive alimony or spousal support. The law does not require that the spouse who receives alimony be a stay-at-home mother or even a woman; both men and women are entitled to receive spousal support. Realistically, it is very difficult for a husband to receive alimony, and courts are even moving away from awarding alimony to homemakers from middle-income families. Regardless of your specific situation, it is important that you have an experienced family law attorney to properly present your circumstances to the court when requesting alimony.

You may wonder how important the fact that your spouse may have been involved in an affair can affect your chances of obtaining an award of alimony. Unfortunately, because they are becoming so common, affairs are often less relevant in typical divorce proceedings. However, if the party who is seeking alimony or spousal support has been involved in an affair, evidence of the infidelity can be used to prevent the party from receiving an award of alimony. If you have any questions about alimony in Georgia, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 to schedule a free consultation with an attorney.