In preparing to file for divorce, many spouses consider making a request for alimony and question how it is calculated under Georgia law. The controlling factors in determining the amount of alimony are a spouse’s need and the other spouse’s ability to pay. In considering a spouse’s need, Georgia courts consider several factors, such as the standard of living enjoyed by the parties during the marriage, the spouse’s age, ability to work, past employment history and earnings, health, debts, and the spouse’s separate estate. In considering the other spouse’s ability to pay, Georgia courts consider the other spouse’s present earnings, future earning capacity, age, health, his/her assets, debts, and domestic support obligations. Courts can also take into consideration the circumstances surrounding the separation, such as the parties conduct towards each other. This means a spouse’s adultery or cruel treatment can be taken into consideration when determining the amount of alimony.
<p\>Alimony can be awarded in the form of either cash (either lump sum or periodic payments), use or possession of real/personal property, or payment of debts and/or expenses. For example, a spouse can be required to maintain health insurance and/or life insurance for the benefit of the other spouse as a form of alimony. If you have questions regarding how alimony in Georgia is calculated, contact the divorce and family law attorneys at FLFattorneys at (770) 485-6633.