Alimony

Georgia Divorce Lawyer for Alimony

Atlanta alimony lawyer: Alimony originally was the term applied to the support which was due a wife. When the ecclesiastical courts of England had jurisdiction over marital disruptions, there developed the practice of awarding permanent alimony to wives in case of judicial separation — or divorce a mensa et thoro. Today the term has come to mean the support which a former husband is required to give his wife, according to stipulations laid down by the court at the time the decree is granted.

Under traditional fault rules, courts usually awarded alimony to an “innocent” spouse for life. Fault-based awards would generally be increased periodically to reflect the increased cost of living and, if necessary, would be modified if the original award was insufficient to support the dependents. Traditional divorce laws based upon fault required the courts by statute to make dispositions of property as well as awards of child custody and support on the basis of what they deemed just and fair under the circumstances. Courts would use their discretion in allowing evidence of fault, because being found guilty or innocent in a divorce action had important consequences for alimony, property division, and child custody. Historically, most cases involved a husband abandoning his wife, the wife, as the innocent spouse, would receive a larger alimony award if her husband was at fault. Atlanta alimony lawyer

Under no-fault law, the court’s greatest emphasis is on two factors: (1) the wife’s employability, and (2) the duration of the marriage. Temporary (“transitional” or “rehabilitative”) alimony has become much more common than permanent alimony. This type of award is frequently granted to wives (usually) who may have left the work force or a training program to assume the responsibilities of being a married woman and mother. With few or outdated skills, she is given a limited period of time and support to “rehabilitate” herself and re-enter the work force. Under the no-fault system, modifications and increases in support are the exception.

Under no-fault, alimony is granted less frequently; it is awarded in smaller amounts and for shorter duration. Today transitional awards are common and are intended primarily to enable a dependent spouse to get back on her feet and obtain the education or training necessary to return her to the work place. In reality, that purpose is rarely accomplished, particularly in the relatively short period of time that is allocated.

Under the no-fault divorce laws, the average awards are smaller. In part, this may be the result of the altered bargaining position of women in no-fault divorce situations, but it is also likely that many judges presume that many women will, in fact, secure suitable employment after the divorce; the awards are set accordingly.

In many instances, alimony is virtually unheard of for women who are divorced in the early years of marriage (i.e., short-term marriages) under the current no-fault laws. Unless a woman has children at home and her husband is willing and able to maintain her as a primary caretaker, even women with children (except, perhaps, very young ones) will usually be expected to be self supporting within a short period of time.

Call your Atlanta alimony lawyer today.