In Georgia, alimony (spousal support) is not automatically granted in a divorce. Instead, it is awarded based on need and ability to pay. The court considers several factors to determine if alimony is appropriate, how much should be paid, and for how long.

1. Types of Alimony in Georgia

Georgia law recognizes two main types of alimony:

✅ Temporary Alimony

• Awarded during the divorce process.
• Helps a financially dependent spouse maintain stability until the final divorce ruling.
• Ends when the divorce is finalized.

✅ Permanent (Long-Term) Alimony

• Rarely awarded unless the marriage was long-term and one spouse cannot support themselves.
• Can last for life or until the receiving spouse remarries or cohabitates with a new partner.

✅ Rehabilitative Alimony

• Helps a dependent spouse become self-sufficient (e.g., finishing school, job training).
• Usually temporary and ends once the spouse becomes financially stable.

✅ Lump-Sum Alimony

• A one-time payment instead of ongoing support.
• Cannot be modified once granted.

2. Factors Courts Consider When Deciding Alimony

Under O.C.G.A. § 19-6-5, Georgia judges consider the following factors:

✔ Length of the Marriage – Longer marriages (typically 10+ years) have a higher chance of alimony being awarded.
✔ Financial Needs of Each Spouse – The court examines income, expenses, and standard of living.
✔ Earning Capacity & Employment – Does the dependent spouse have job skills or require education/training?
✔ Age & Health of Both Spouses – Older or disabled spouses may receive longer-term alimony.
✔ Contributions to the Marriage – Includes financial and non-financial support, such as homemaking or raising children.
✔ Marital Misconduct (Adultery, Abuse, Desertion) – If the spouse seeking alimony committed adultery, they may lose their right to alimony.
✔ Existing Assets & Property Division – If a spouse receives significant marital assets, alimony may be reduced.

3. How Long Does Alimony Last?

The duration of alimony depends on:

• Short-term marriages (under 10 years) → Typically, no or very limited alimony.
• Long-term marriages (10+ years) → Higher chance of long-term or permanent alimony.
• Rehabilitative alimony → Ends when the recipient becomes financially independent.
• Permanent alimony → Ends if the recipient remarries or cohabitates.

4. Can Alimony Be Modified or Terminated?

Yes, alimony can be modified or terminated if:
✔ The recipient remarries or moves in with a new partner.
✔ Either spouse has a significant financial change (e.g., job loss, major illness).
✔ The paying spouse can prove the recipient no longer needs support.

Lump-sum alimony cannot be modified once paid.

5. Can Alimony Be Avoided?

Alimony may not be awarded if the dependent spouse is self-sufficient or if they committed adultery that led to the divorce.
A prenuptial or postnuptial agreement can protect against future
alimony claims.

Key Takeaways

✅ Alimony is based on need and ability to pay—it is not automatic.
✅ Marriage length, finances, and contributions impact the court’s decision.
✅ Adultery can prevent a spouse from receiving alimony.
✅ Alimony can be modified or terminated based on life changes.