How does a court determine whether or not to award alimony?

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How does a court determine whether or not to award alimony?

We have been married for 21 years and have 1 minor child who does not live with either of us. Property has already been split, and the bills are in her name. She is moving in with a “friend” who is a guy and I have no income at all, I am out of work because of doctors recommendation and trying to get on disability. I have worked and supported her for all but the past 1 1/2 years. Will she have to pay me alimony?

Asked on August 13, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Georgia each spouse has a duty under the aw to support the other.  That duty ends when the parties get divorced.  Alimony in Georgia is authorized in limited situations and is not as easily given as it is in other states. Alimony in Georgia is either "rehabilitative"  or "permanent".  It can be for a short or long period of time. Usually alimony is granted by the court only when a long term marriage  ends. The other party must be able to pay alimony if the court is to award alimony to the other party.  Alimony may also be grant short-term before a final divorce decree is awarded. If it is awarded is really determined by each case.  You can indeed request alimony and you should try.  Good luck.


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