DeKalb County Spousal Support Lawyers

Separating and divorcing spouses must learn how to start life over without the support of their husbands and wives. If both spouses are wage-earners, divorce can mean losing a substantial portion of household income, which can cause financial instability. Even more frightening for spouses are marriages where a spouse has not worked in years and must return to an unfamiliar job market.

Fortunately, Georgia law allows spouses to petition the court for spousal support, commonly called alimony. E.N. Banks-Ware Law Firm represents spouses on both sides of the alimony issue and can fight for reasonable and fair terms.

Contact our team at E.N. Banks-Ware Law Firm to set up your consultation with a DeKalb County spousal support attorney. Call (470) 523-3135 today.

What Is Spousal Support?

Numerous misunderstandings surround alimony. Spouses ordered to pay often view it as punishment or believe they will be forced to underwrite the other party’s expensive lifestyle. Those asking for it commonly believe it is subject to a formula, like child support. Both are untrue.

It is improper for a court to use alimony solely to punish one spouse. Although a court considers marital conduct and misconduct in deciding alimony, it is only one of several factors. Besides, marital conduct cuts both ways. You can do the same if your spouse accuses you of conduct that destroyed the marriage.

Similarly, an alimony award is not designed to compel a spouse to fund the other party’s lavish lifestyle. Instead, it aims to allow both spouses to economically support themselves after divorce.

A proper alimony award balances one spouse’s needs with the other spouse’s ability to pay. Courts must consider specific guidelines, but awards vary from one case to the next.

Lastly, alimony is only available to divorcing married spouses. You are not entitled to this financial support if you are unmarried or cohabiting with a partner.

How Do Courts Determine Spousal Support?

The receiving and paying spouses must submit financial disclosures to the court. These disclosures provide critical details about the parties’ financial standing, including the receiving spouse’s needs and the paying spouse’s ability to provide support.

Information that may be disclosed to the court includes:

Income and expenses: Both spouses are entitled to know each other’s income and what they routinely spend. Paying spouses will want to know the receiving spouse’s spending habits. Receiving spouses will wish to have an accurate picture of the other spouse’s income.

Assets and debts: This includes bank accounts, real property, consumer debt, and more. Both should know what the other has, what it is worth, and what is owed.

Bonuses and other benefits: If one spouse receives bonuses, a court needs to factor this into an alimony award. Since bonuses are not part of standard compensation, spouses typically argue over how much and how frequently they are paid. Other benefits also count in painting a comprehensive financial picture. These include stock options, health insurance, and even company vehicles.

By statute, the court is required to consider these factors in making its alimony decision: The standard of living established during the marriage. The duration of the marriage. The age and physical and emotional conditions of both parties. Each party’s financial resources. As applicable, the time it takes for either party to acquire sufficient education or training to find appropriate employment. The contributions of each party to the marriage, such as homemaking, childcare, education, and contributions to the other spouse’s career. The economic conditions of the parties, including the separate estate, earning capacity, and fixed liabilities of both. Any other relevant factors.

The court may order a lump-sum payment or periodic payments of alimony.

Temporary vs. Permanent Alimony

Temporary alimony may be ordered while the divorce is pending. A spouse with no means of support or in dire financial need should consider requesting this. Payments can be ordered as frequently as the judge sees fit, whether weekly, bi-weekly, monthly, or otherwise.

Once the divorce is granted, the judge may order “permanent” alimony, which is a misleading term. Alimony is intended to help a dependent spouse get back on their feet following a divorce. In most cases, alimony will only be ordered for a specific time.

Enforcement of Spousal Support

Enforcing support payments is crucial for the financial well-being of the recipient spouse. When the court orders spousal support, it is not a suggestion but a legal obligation that must be fulfilled.

Various mechanisms are available to enforce spousal support payments. If the paying spouse fails to make the agreed-upon payments, the recipient can seek legal remedies to enforce the order. One of the most common methods is wage garnishment, where the court orders the paying spouse’s employer to deduct the owed amount directly from their paycheck and forward it to the recipient. This enables timely and consistent payments.

Other enforcement measures include placing liens on the paying spouse’s property, seizing assets, and intercepting tax refunds. Courts can also hold the non-paying spouse in contempt, which could result in fines or imprisonment for continued non-compliance.

Modification or Termination of Alimony

Alimony orders usually specify an end date, but requests to modify or terminate the obligation can be made before then. Generally, a party cannot ask the court to modify or terminate alimony until at least two years from the order date.

A person requesting a modification or termination must demonstrate a significant change in circumstances since the prior order. Lump-sum alimony payments are not adjustable or subject to termination. Only periodic alimony can be changed.

One of the more common reasons to request a modification is that a party has experienced a significant change in income. Cohabitation on the part of the receiving party can also support a request to modify.

However, cohabitation does not require a judge to terminate alimony, only to change it. A spouse requesting a modification due to cohabitation must meet its legal definition. In Georgia, it means dwelling continuously and openly in a romantic relationship with someone else.

Two factors that will terminate alimony are the spouse’s death or remarriage of the receiving spouse. If the alimony was either lump-sum or meant to constitute a property settlement, it may be collected from the deceased spouse’s estate.

Need to seek, contest, modify, or enforce alimony? Discuss your need with a DeKalb County spousal support attorney by contacting us at (470) 523-3135.