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The Laws of Alimony in Georgia

After divorce or legal separation, one party could be entitled to the allowance of alimony payments. Certain sections of the state laws, including O.C.G.A. § 19-6-1, define how the allowance of alimony is to be determined in the state of Georgia, as well as the situations in which alimony is not authorized.

Alimony payments can be awarded to one party as long as it can be established by a preponderance of the evidence that the separation or divorce between the two parties was not caused by adultery or the desertion of the party receiving the alimony payments. In the state of Georgia, courts can award either temporary or permanent alimony to the receiving party.

Remember, alimony is not required in cases of divorce or legal separation. In determining whether or not to grant alimony, the court will consider the conduct of each party toward the other and will award alimony in accordance with the needs of the receiving party and the other party's ability to pay.

The amount of alimony awarded to a party in Georgia can be determined by a number of different factors in accordance with O.C.G.A. § 19-6-5. Factors that the courts use to determine the alimony award include the standard of living established during the marriage, the duration of the marriage, the financial resources of each party, the age and physical/emotional condition of each party, as well as any other relevant factors that the court deems proper. The obligations of either permanent alimony or temporary alimony are terminated if the party receiving the alimony payments ever gets remarried.

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