Who Qualifies for Alimony?

Either party has the option to request alimony, but for the court to approve such support, it must be determined that one spouse genuinely requires it and that the other spouse is financially capable of providing it. The court considers various factors to establish the final alimony award, including:

• The lifestyle maintained during the marriage
• The length of the marital union
• The age, prospective earnings & physical well-being of the spouse requesting support
• The potential income, financial situation  & responsibilities of the spouse providing support
• Contributions to the marriage that increase value without generating income
• Any other factors the judge considers fair and just (Ga. Code Ann. § 19-6-5 (2018))

Additionally, Georgia courts weigh whether a spouse's misconduct contributed to the breakdown of the marriage. If a spouse qualifies for alimony but has deserted or committed adultery during the marriage, the judge may limit or deny alimony payments (Ga. Code Ann. § 19-6-1 (b) (2018)). In cases of marital transgressions, the court may even award permanent alimony to the victim (Ga. Code Ann. § 19-6-4 (2018)).