Learn More>>Alimony>>Permanent Alimony

Atlanta Family LawyersIn Georgia divorce cases, men and women alike can obtain permanent alimony with a showing of good cause. Permanent alimony may be granted in Georgia in cases of voluntary separation, divorce, or when spouse is either driven off or abandoned by the other spuse.

Alimony and proerty division are spearate terms. Alimony is like an allowance that provides for support of the other party when the two parties begin living separately. The source of alimony funds can be from one spouse's income or estate. Alimony can be agreed upon or ordered by decree of a Georgia divorce court.

To establish a claim for permanent alimony in a Georgia divorce case, one must show a valid marriage, a bona fide separation and that the claim for permanent alimnony is "incidental" to a pending action for divorce brought by either party or to a suit for separate maintenance.

However, a apouse will not be entitled to alimony if it is proven that the separation wa caused by that spouse's adultery or desertion. Adultery must be the cause of the separation. In all other Georgia divorce cases, alimony is authorized but not reqauired and is awarded in accordance with the needs of the spouse and the ability of the other to pay.

The following factors are considered in determining permanent alimony:

The standard of living established during the marriage;

The duration of the marriage:

The age and the pyhysical and emontional condition of both parties:

The finanncial resources of each party;

Where applicable, the time necessary for either party to acquire sufficient education or training to enable him or her to find appropriate emplyment.

Permeanent alimony may be awarded in cash or from the spouse's estate. A spouse may be considered to for insurance, medical treatment, etc . . .While alimony payments generally cease when a spouse marries another individual, this rule does not apply to lump sum alimony payments. Likewise, a former spouse who cohabitates with a third party in a "meretricious" relationship (live-in lover) is grounds for cessation of aliony payments.