Legal Information: Georgia

Divorce

Updated: 
November 12, 2018

Can I get alimony?

Alimony is financial support paid by, or to, your spouse. Either you or your spouse can request alimony while the divorce case is ongoing, and the judge may grant temporary alimony until a final decision is made.1 However, you cannot get alimony if it is proven in court that the reason for your separation was that you committed adultery or desertion. The judge will also consider evidence of the conduct (behavior) of each spouse to the other.2 If you ask for alimony and the judge decides to grant it in your case, the order can be either permanent or end after a certain period of time.3 However, all permanent awards of alimony end if the party receiving alimony remarries.4

If the judge decides to grant you permanent alimony, the judge will consider certain factors to determine a fair amount. These factors include, but are not limited to:

  • The standard of living established during the marriage;
  • The length of the marriage;
  • The age, and the physical and emotional condition of you and your spouse;
  • The financial resources of you and your spouse;
  • The time necessary for you or your spouse to get sufficient education or training to help with finding suitable employment;
  • Your contributions and your spouse’s contributions to the marriage, including services given in homemaking, child care, education, and career building of the other spouse;
  • The financial condition of you and your spouse, including separate property, earning capacity, and the fixed expenses of you and your spouse; and
  • Any other factors the judge decides are fair and proper to consider.5

1 Georgia Code § 19-6-3(a)
2 Georgia Code § 19-6-1(b),(c)
3 Georgia Code § 19-6-1(a), see also McCoy v. McCoy, 642 S.E.2d 18 (Ga. 2007)
4 Georgia Code § 19-6-5(b)
5 Georgia Code § 19-6-5(a)