Atlanta Alimony Lawyer

Do you need an alimony lawyer in Atlanta? The Chouhan Law Firm, LLC can be of service to you. Book a free consultation call with us today.

Atlanta Alimony Lawyer title

Alimony Attorney in Atlanta, GA

According to the National Statistics Office of Georgia, the 2022 divorce rate increased by 32 percent compared to the year before, totaling 14,098 divorces. As couples part ways, concerns about financial stability arise, especially for the dependent spouse. This is where an alimony lawyer’s help is required.

Alimony, also known as post-divorce spousal support, refers to court-ordered payments that the higher-earning spouse must make to the lower-earning one after separation or divorce. It can be either temporary or permanent, depending on the facts of the case. Although alimony is not a right, your alimony attorney can make a case for you in the family court that you need and deserve it.

An experienced Atlanta divorce lawyer is familiar with the intricacies of Georgia divorce law and can guide you through the divorce and alimony process. Professional and hard-working divorce lawyers at The Chouhan Law, LLC are here to listen to you and work with you to get the alimony settlement you deserve.

What Does an Atlanta Alimony Lawyer Do?

An alimony lawyer in Atlanta is essentially a family law attorney who handles divorce and post-divorce issues, including alimony settlements.

The primary role of alimony lawyers is to advocate for your right to fair spousal support. However, they offer legal advice and support on family law matters, including divorce and child custody.

An experienced alimony lawyer can be the only lawyer you need throughout your divorce case, as they can:

  • Handle your divorce case

  • Assess your and your ex-spouse’s financial needs and earning potential to determine the amount of alimony you need

  • File your alimony request with the family court if it’s not already included in the divorce agreement

  • Advise on and handle your child custody, child support, and asset division cases.

Consider consulting an experienced alimony attorney from The Chouhan Law Firm, LLC, if you are seeking spousal support.

How Does Alimony Work in Georgia?

Georgia Code §19-6-1 defines alimony as an allowance made to support a spouse after separation. Spousal support in Atlanta divorce cases addresses financial disparities that arise after separation or divorce. Typically, it provides financial support to the dependent or lesser-earning spouse and can be awarded on a temporary or permanent basis, depending on the circumstances of your case.

Alimony payments can be periodic or in a lump sum. A Georgia divorce judge may agree to a one-time payment, typically designed to settle your entire alimony obligation, according to O.C.G.A. §19-6-4.

 

Types of Alimony in Georgia

There are two main types of Alimony in Georgia, temporary and permanent.

  • Temporary alimony:

Temporary alimony is awarded during the divorce process and is subject to modification after the divorce is finalized. In some instances, however, courts award it after divorce. Temporary alimony is designed to help the dependent spouse support themselves and pay their dues while looking for a job.

  • Permanent alimony: 

Permanent alimony is a court award to people who can’t find employment for health or age purposes. However, courts may revise this award should the receiving spouse find a job or get remarried.

Divorce courts typically make decisions based on what they deem fair and reasonable. Working with an experienced family and divorce lawyer is crucial to increase your chances of a favorable outcome. A divorce lawyer can provide sound advice on the appropriate route to take in alimony-related matters.

Amount, Duration, and Enforcement of Alimony in Georgia

One of the significant issues encountered in alimony cases is determining the amount to be paid. Georgia Code §19-6-5 sets forth the criteria for the alimony amount, but the final decision remains under the judge’s discretion.

In determining the alimony amount and duration, a family court judge will look at the following according to O.C.G.A. §19-6-5:

  • Duration of your marriage
  • Financial resources
  • Earning capabilities of each spouse
  • Standard of living established during the marriage
  • Age and health of each spouse
  • Whether legal custody of minor children is involved

Changes in the financial circumstances of either party after divorce could necessitate a modification in the alimony payments. Your alimony or divorce lawyer can assist you in seeking alimony modifications if needed.

When it comes to enforcing alimony, you can obtain the payments you are owed by filing an action of contempt against your former spouse if they willfully refuse to pay. If they are not found guilty of willful contempt, the court may still issue a monetary judgment that your alimony lawyer can use to file for wage or bank garnishment.

Consulting an alimony lawyer is key to obtaining past-due alimony payments.

How Does the Length of a Marriage Affect Alimony Decisions in Atlanta?

In Atlanta and across Georgia, the length of the marriage plays a significant role in alimony decisions. Georgia law considers the duration of the marriage as a key factor in determining alimony awards. Longer marriages often lead to more substantial alimony payments.

This is because, in a long-term marriage, there’s an increased likelihood that the couple’s financial futures and family relationships are closely intertwined. The longer the marriage, the greater the chance that one spouse, often the lower earning spouse, might have sacrificed career advancement or educational opportunities for the benefit of the family or to support the marital relationship.

Georgia courts assess these factors to ensure equitable alimony arrangements. They aim to balance the financial futures of both parties, ensuring that the lower earning spouse is not unfairly disadvantaged due to sacrifices made during the marriage.

The division of marital property and the separate estates of each spouse are also important considerations in these decisions.

Can an Alimony Lawyer in Atlanta Help Modify Existing Alimony Agreements?

Yes, an alimony lawyer in Atlanta can assist in modifying existing alimony agreements. Modifications to alimony are typically sought when there has been a substantial change in circumstances for either the alimony-paying or receiving party.

This could include changes such as a significant shift in income, the remarriage of the receiving spouse, or a change in the financial needs of the non-custodial parent.

An experienced divorce lawyer specializing in family law matters in Georgia can guide clients through the legal process of requesting a modification. This process involves presenting the case before a Georgia court and providing evidence that substantiates the need for a change in the alimony agreement.

Experienced family lawyers understand the nuances of Georgia’s alimony laws and are adept at navigating these legal waters, advocating for their client’s interests effectively, whether it’s about increasing, decreasing, or terminating alimony payments.

HOW AN ATLANTA ALIMONY LAWYER CAN HELP YOU

An experienced GA alimony and divorce attorney from a respected family law firm can assess your case to determine the most appropriate alimony arrangement for you. An experienced divorce attorney can:

  • Negotiate with your former spouse on your behalf

  • Help you navigate the divorce process

  • Ensure you receive a fair and reasonable alimony award

  • Protect your legal rights during the divorce process

Family law attorneys can also help enforce and modify alimony orders should the need arise and work tirelessly to attain a favorable outcome for your case.

CALL A SKILLED DIVORCE ATTORNEY AT THE CHOUHAN LAW, LLC

Just like all family law cases, divorce can be emotionally overwhelming on all fronts. Getting professional and compassionate legal support may be the first step to finding your peace of mind. Contact our lawyers at The Chouhan Law Firm, LLC today to schedule a consultation! We offer flexible fee structures and a consultation waiver when you retain our services.

FREQUENTLY ASKED QUESTIONS

Who Qualifies for Alimony in Georgia?

Either spouse qualifies for alimony in a divorce or voluntary separation action in Georgia. However, the requesting spouse must be able to showcase why they must receive alimony. If one spouse files for divorce because they were abandoned or cheated on, the other spouse doesn’t qualify for alimony.

Can You Go to Jail for Not Paying Alimony in GA?

Yes. A person can go to jail for failure to pay court-order alimony. You will be found in willful contempt for disregarding court orders and be sentenced to a diversion program. However, you may be able to continue working as you serve your sentence.

How Long Does Alimony Last in Georgia?

The court determines the period alimony payments last, depending on the circumstances of the case. Primarily, the duration of your marriage will determine the duration of your alimony.