Alimony
Palimony in the State of Georgia
‘Palimony’ is a commonly adopted term for the equivalent of alimony for previously cohabitating but unmarried couples in the state of Georgia. The majority of states do not recognize palimony, although a handful do, based on certain circumstances. Georgia has rejected palimony as a cause of action, giving people incentive to actually marry instead. Thus,…
Read MoreIs the Paycheck Protection Program Loan Considered Income for Determining Alimony or Child Support?
The pandemic brought with it more than just a virus. The impact of policies and procedures meant to keep infection rates low created a challenge for individuals and businesses to maintain productivity and profitability. That’s why the Paycheck Protection Program Loan (PPP) was designed. But is this loan something the courts can use to determine…
Read MoreA Word from Scott Shaw: The Troubling Trend to Award Alimony in Lieu of Non-Marital Disability Pension is Addressed by the Georgia Supreme Court
The fact pattern is a familiar one. Husband or Wife serves in the United States Army, Navy, Air Force, or Marines. They are wounded in service and are voluntarily or involuntarily released from the military with a disability rating. This rating directly relates to the amount of disability pay they’re eligible to receive. Disability pay,…
Read MoreCan I Retroactively Modify My Alimony Award?
When alimony is ordered as part of a Georgia divorce, it is not unusual for one ex-spouse to request that the court modify their alimony order at some point in time following the divorce. This request for modification typically results from a significant change in the financial circumstances or income of one or both ex-spouses,…
Read MoreWhat is an Income Deduction Order? Is It Different Than an Income Withholding Order?
Both income deduction orders and income withholding orders are designed to require employers to directly withhold child support and/or alimony payments from a person’s paycheck. Georgia law requires that wage withholding be implemented in family law proceedings involving child or spousal support, unless the court determines that there is good cause not to require such…
Read MoreCan a Husband Ask for Alimony in a Georgia Divorce?
Years ago in Georgia and many other states, only women could receive alimony in divorce proceedings. Today, however, with the recognition that the husband is not always the breadwinner of the family, men and women both may be entitled to alimony in a Georgia divorce. Whether a court awards alimony to either spouse in a…
Read MoreTypes of Spousal Support or Alimony
In a Georgia divorce, one spouse may be ordered to pay support to the other in certain limited situations. Alimony or spousal support is a very important issue in a divorce, for both the party who is ordered to pay the support and the party who is receives it. Because Georgia law so strictly defines…
Read MoreLump Sum Alimony in the State of Georgia and in Atlanta Metro Courts
When most people think of alimony they think of a monthly payment to the other spouse. Lump sum alimony is different, it is different because it is a one-time award of assets to the other spouse, and it is a very dangerous thing to play around with. Lump sum alimony is so dangerous because it…
Read MoreALIMONY
Alimony is the award of money from one spouse to the other that arises from the marital relationship between the parties. Only parties who are married may be awarded alimony from the other. Parties who lived like they were married, and shared everything do not qualify. You must first be married. In awarding the alimony…
Read MoreDouble Counting Alimony
Calculating alimony in a Georgia divorce case is often a complex endeavor that involves calculations of each parties’ future earnings or potential incomes, as well as taking into account the parties’ marital history and current circumstances. The issue of alimony becomes even more complicated when you have a self-employed spouse, the division of a family…
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