Attorney Ned Ogueri
Georgia Alimony Lawyer
Alimony is support paid by one spouse to the other during or after a divorce. Georgia courts have broad discretion over whether alimony is awarded and in what amount. As a Georgia alimony lawyer serving Gwinnett County from Norcross, Attorney Ned Ogueri represents spouses who are seeking alimony and spouses who are asked to pay it.
Does adultery affect alimony in Georgia?
It can. Under O.C.G.A. § 19-6-1(b), a spouse whose adultery or desertion caused the separation is not entitled to alimony. The bar requires proof that the misconduct caused the separation, and the court may also consider each spouse’s conduct toward the other when setting alimony.
Can a husband receive alimony in Georgia?
Yes. Georgia law allows alimony to be awarded to either spouse, based on one party’s needs and the other party’s ability to pay.
When alimony may be awarded
Under O.C.G.A. § 19-6-1, alimony is authorized but not required. It may be awarded to either spouse based on one party’s needs and the other party’s ability to pay, and the court may consider each party’s conduct toward the other.
Conduct that can bar alimony
A spouse is not entitled to alimony if it is shown by a preponderance of the evidence that the separation was caused by that spouse’s adultery or desertion. The bar turns on what caused the separation, so the facts and evidence require careful review.
Factors the court considers
O.C.G.A. § 19-6-5 directs the court to consider factors including:
- The standard of living established during the marriage
- The duration of the marriage
- Each party’s age and physical and emotional condition
- Each party’s financial resources
- Time needed for education or training to find appropriate employment
- Each party’s contributions to the marriage, including homemaking and child care
- Each party’s financial condition after the property division
Temporary and permanent alimony
Temporary alimony may be ordered while the divorce is pending. Final alimony may be paid in periodic payments or as a lump sum. Unless the agreement or order provides otherwise, periodic permanent alimony generally ends when the receiving spouse remarries. A paying spouse may also seek modification in certain circumstances, including the recipient’s cohabitation in a meretricious relationship.
Agreements
Many alimony issues are resolved by settlement. The wording of an agreement can determine whether alimony is modifiable, when it ends and how it is treated, so review the terms before signing.
Related guides: Georgia divorce FAQ | Georgia divorce mediation.
Learn more about Gwinnett County divorce and family law lawyer, or call (770) 840-9098 to request a consultation with Attorney Ned Ogueri.
This page provides general information about Georgia law. It is not legal advice for your situation, and contacting the office does not create an attorney-client relationship.