How Alimony is Determined in Georgia

Alimony is an “allowance” out of one party's estate, made for the support of the other party when the parties are living separately. There are two main aspects of alimony that need to be determined—the amount of alimony and the length of time the alimony will be paid.

Georgia law provides no formula for determining the amount or the length. Instead, the law provides a list of factors to be considered:

1) The standard of living established during the marriage;
2) The duration of the marriage;
3) The age and the physical and emotional condition of both parties;
4) The financial resources of each party;
5) If applicable, the time necessary for either party to acquire sufficient education or training to enable him/her to find appropriate employment;
6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities; and
8) Any other factor relevant under the circumstances.
O.C.G.A. §19-6-5

A fairly recent case suggests that periods of premarital cohabitation may also be considered in determining alimony. Sprouse v. Sprouse, 285 Ga. 468 (2009).

We see alimony being awarded in fewer and fewer cases because we see more and more two-income families in which both parties have enough income to support themselves. A more common scenario for alimony is when one spouse is out of the workforce for a period of time because they stayed home to care for children and/or the marital household. That spouse can sometimes be entitled to “rehabilitative alimony” to give them time to reenter the workforce and become self-supporting. That said, every case is unique and must be judged on its own merits.

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