Highlight In Legal Georgia Alimony Forms For Free

The main factor a court will usually consider when determining how long alimony payments will last in Georgia is the length of the marriage. Family courts sometimes use the ?one year of alimony for every three years of marriage rule of thumb,? but that's not always the case.

What is a spouse entitled to in a divorce in Georgia? Under Georgia law, each spouse is entitled to an ?equitable? share of the marital property. This does not equate to an equal division, but instead a ?fair? split between the parties.

If you pay alimony, you can no longer deduct it from your taxable income for tax purposes. In addition, recipients of alimony do not have to include alimony payments as taxable income. It is critical that you are aware of these changes when negotiating your divorce or separate maintenance actions.

Under Georgia law, a court can garnish up to 50 percent of your paycheck to satisfy outstanding spousal support payments. Georgia courts usually reserve a jail sentence for spouses that repeatedly fail to pay spousal support.

There are no set formulas for calculating spousal support in Georgia. The financial support calculation process could be considered to be subjective and arbitrary. The basis for any award of support (alimony) is generally based on ?the needs of one spouse? and ?the ability to pay by the other spouse?.

The spouse seeking support must prove their financial need and the ability of the other spouse to pay. Once these have been proven, the courts arrive at a temporary or permanent alimony amount based on factors like the following: Each spouse's earning capacity and/or access to financial resources.