Alimony in Georgia: How Do You Get It?
In Georgia divorces, alimony is available to both men and women. But, it isn’t nearly as common as it used to be. Alimony is sometimes called “spousal support.” Basically, it is an award of money from one spouse to the other spouse for the receiving spouse’s financial support. Here’s 5 quick things you need to know about alimony:
Five Quick Rules for Alimony in Georgia
- Alimony is completely discretionary, and there is no formula for it in Georgia.
- Alimony comes from leftovers.
- Following the 2018 revised tax code, alimony is no longer deductible from the paying spouse’s income or includable in the receiving spouse’s taxable income.
- Lifetime alimony is very, very, very rare.
- Cheaters don’t get alimony.
Below, I’ve put together some suggestions for increasing your chances of receiving alimony.
How to Get Alimony
- DON’T SPEND ALL YOUR MONEY EVERY MONTH.
- Remember the leftovers rule. The judge can only award spousal support from money that actually exists, not money that you would like to have. You have to first pay child support and all the marital debts before calculating any amount for alimony. If child support and debts deplete all available funds, then there is nothing left for alimony. Therefore, during your marriage, live well within your means. Drive cars you can afford, and pay off your credit cards every month.
- DON’T HAVE AN AFFAIR.
- Cheaters don’t get alimony. Alimony cannot be used to penalize a spouse for cheating and breaking up the marriage. But, a cheating spouse generally cannot get alimony. Adultery that causes the dissolution of the marriage is a bar to alimony.
- HAVE A PLAN TO SUPPORT YOURSELF.
- Lifetime spousal support is a thing of the past. In determining alimony, the Court might consider how much time you need to “get on your feet” after the divorce is final. While you might get alimony while you finish or education or complete some job training, you will not be able to use your alimony money to avoid getting a job.
- STAY MARRIED LONGER.
- Even though there is no set legal formula for alimony, the length of the marriage is considered. The judge or jury is more likely to award spousal support in a marriage of 35 years than to a spouse in a marriage of 2 years.
For a reality check on alimony, read more here.