How Much Alimony? 8 Factors Will Be Considered

Not every divorce involves an award of alimony, but in those cases where alimony is appropriate, then regardless of whether you are the potential recipient or the one who potentially pays, the next questions are: How much alimony? And for how long?

Before we get to those questions, let’s address any misconceptions fostered by “traditional” notions of alimony. In Georgia, either party can receive alimony. Official Code of Georgia (2015 Edition) §19-6-1 (c). Which means that either party can be required to pay alimony. Some of my “husband” clients have received alimony. Some of my “wife” clients are surprised to learn they might have to pay. The law is gender-neutral in this regard.

Admittedly, the law will be applied to your situation by a judge who brings his/her individual preferences, experiences and ideas — and a lot of discretion — to the equation. That’s why you risk a lot when you put these decisions into the hands of the judge instead of working things out with your partner after educating yourself about the law, your options, and probable outcomes.

So, back to our questions. How much alimony?  And for how long?  In Georgia, alimony will be determined “in accordance with the needs of the party and the ability of the other party to pay.” Official Code of Georgia (2015 Edition); §19-6-1 (c). That’s really not helpful. Luckily, the law provides us with eight factors that “shall be considered in determining the amount of alimony, if any, to be awarded.” Georgia Code (2015 Edition) §19-6-5(a). Here they are:

The 17 Child Custody Factors. How Georgia Judges Determine What Is In Your Child’s Best Interest

Does it matter that dad is an alcoholic? What if mom had an affair? With a felon? How about the time dad forgot to pick up the kids from school?  But mom is breastfeeding! How do judges decide?

THE LAW     

In Georgia, juries are not allowed to decide custody of a minor child, only a judge can do that. Official Code of Georgia (2015 Edition), §19-9-3(a)(2). Even when parents agree on custody and parenting, the judge is required to review the agreement and either approve it “as is” or supplement it before approving of it. Official Code of Georgia (2015 Edition) §19-9-5.

Neither parent starts with an advantage when answering the custody question. There is “no presumption in favor of any particular form of custody, legal or physical, nor in favor of either parent.” Official Code of Georgia (2015 Edition), §19-9-3(a)(1).

The Other People Invited To Your Divorce

Divorce is a very personal event between two people, but it is rarely private. It’s more like a pebble in a pond. Many other people are in the water with you and will feel the waves that your divorce creates. It might not feel like it, but you have a lot of control over the waves; the number, the size and the duration. At the outset, it’s a good idea to take a moment to consider all of those who share your pond and determine whether they will be buoyed or drowned by the waves of your divorce.

Friends & Family. Obviously, your children will be involved in the changes to your family, as will your extended families and friends to the extent that you invite them. Choose your support network wisely. Carefully decide how much you want to disclose. Once it’s out there, you can’t get it back.

Also remember that the reactions of those closest to you are often based on their perception of how you are handling things. You’ve seen this happen. It’s no different than when a child stumbles, falls, and then looks to those nearby to gauge how they should react.

If you’re upset, they will be. If you make a funny face and laugh, they will too. If you’re angry, they will be. If you are thoughtfully seeking to understand your options, and getting the assistance you need to care for yourself, then they will help you with those things.

Don’t be afraid to speak up to those who do not take your cues. They can be a gale force wind, turning your small waves into big ones.

The Court Didn’t Grant Your Divorce? It Could Be Your Timing

Every case is different and there are many reasons why a judge is not able to grant a divorce. Sometimes it’s due to an error that you’ve made. There’s an appropriate time for everything, including divorce.

Residency Requirements.

Most states require you to live there for a minimum amount of time before their courts will have jurisdiction to grant your divorce. It’s called a residency requirement and it varies from six (6) weeks to 24 months. In Georgia, the requirement is six (6) months for most, but twelve (12) months for active duty military living on a Georgia post or base. This is also true if you live in another state; your divorce cannot be filed in Georgia unless your partner has lived here for at least six (6) months. Official Code of Georgia, § 19-5-2 (2015 Edition). The American Bar Association published a chart of the residency requirements for every state.

Can I Change The Locks?

A separation is imminent. Or maybe you just want your partner out of the house. Now. Can you just change the locks?

That would be the easiest thing to do. But it might not be the best thing to do. Think it through before you act. If you change the locks, how will your partner react? If you aren’t willing to bet me $1,000,000 that your guess will be correct, then you probably shouldn’t change the locks.

Let’s say that you are pretty confident; or that you just want to do it anyway. Here are some possible reactions that you can expect:

Your Partner Stays Away. Rather than deal with it, your partner might just stay away and take up with parents, friends or a new significant other. Sounds like a victory, doesn’t it? Well, it might be short-lived. If you end up in the courtroom, you should expect that the “changing-of-the-locks incident” will be brought up, exaggerated and paraded around the courtroom in an effort to make you look like the bad guy who “kicked [your partner] out of his/her home!!” You risk tarnishing your image with the judge, unless you can persuade the court that you had very good reasons to act unilaterally (eg, without the judge’s consent).

I Will Quit My Job If You Divorce Me!

This question comes up a lot. More than it should. And while you might think that men are the ones asking (threatening?), in my experience, women do it too.

As an aside, I was initially surprised to observe the trend in families where “traditional” roles have been reversed (eg, women are the primary breadwinners and men are the primary caretakers of the children) that “traditional” positions and arguments in divorce also reversed. It’s interesting to see a woman faced with the possibility of paying alimony to her ex. Or to note a common feeling that if a mother stays at home she is raising the kids but if a father stays at home he is just lazy. We’ve all come a long way, baby. I say all of this to make the point that it could be either a man or woman who considers quitting their job to avoid a family support obligation.

While it’s true in Georgia that child support and alimony are calculated based on income, simply ending (or drastically reducing) yours won’t erase your obligations. Worse, attempting to hide your true earnings will likely lead to disaster.

The Reason Divorce Takes So Long, Even When You Settle

I’ve written about how long it takes to get a divorce and our findings that there is a great time difference between those couples who start with settlement and those who start with litigation. Both groups settled their issues, as do the vast majority of divorce cases, but still they experienced significantly different time frames in doing so. On average it took 6-18 months longer for the second group. Why?

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When you begin in the litigation process, a lot of things are out of your control. Certain deadlines are automatic and they shift the focus from settlement to procedural matters.

Also, the lawyers, judges and courthouse staff are handling a lot of cases. More than 46,000 divorces were filed in Georgia in 2013. The pace slowed to 43,865 cases in 2014, but that does not change the reality that on average our 200± superior court judges each has about 2,000 pending cases at any given moment. Those include divorces, business disputes, criminal trials, and many other types of lawsuits.

How Long Will Your Divorce Take?

Every divorce client I meet has the same two questions: how much will it cost? and how long will it take? The answer is always the same: it depends.

The biggest factor on both counts, and the one that you and your partner have the most control over, is how you choose to proceed starting with Day One.

Let’s look at time. In my divorce practice data we found that divorce time frames from the start of the litigation to the end ranged from less than 6 months to up to 3 years.

Why is the range so wide? At first, we assumed (always dangerous) that the shorter time frames were cases that settled and the longer time frames were cases that didn’t settle. But that overlooks the fact that the vast majority of cases settled.  So we looked a little closer, asking why some cases settle quickly and others take so much longer? Are there other differences that matter? Here’s what we found.

The Impact An Affair Will Have On Your Divorce

 

My clients often want to know the legal implications of their situation; however, the ramifications always go far beyond the law. An understanding of the law is a good place to start, but it should not be the end of the analysis.

Legalities. A party’s infidelity during the marriage will most likely impact several aspects of their divorce. Let’s start with alimony or spousal support. In Georgia, a “party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion.” Official Code of Georgia, § 19-6-1 (b) (2015 Edition). In other words, if you cheat, and your partner proves that your cheating caused the separation, then you will not be entitled to alimony at all.

Regarding division of property, Georgia judges are required to divide property equitably, which is different from equally; it means by deciding what would be fair. To help that determination, “the conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible” (Wood v Wood, 283 Ga. 8 (2008)). Bottom line: proven adultery will most likely be factored into the equation when things are being divided.

Infidelity: Can Your Marriage Survive?

In today’s world, infidelity looks very different. The internet has led to no-contact mutual sexual gratification with another person, live, on a new level. And similarly, long hours on the internet relating with another has led to “emotional ” cheating, leaving a spouse feeling betrayed by the intimacies shared with another.

Infidelity, in whatever form it takes, does not always lead to divorce. Some people seem to overcome it: look at Bill and Hillary Clinton; listen to Tammy Wynette’s anthemic “Stand By Your Man.” While some couples are better for the experience; others might plod along in mutual misery until they eventually divorce or die. Still others will move on quickly. Tammy herself was married five times, once for 44 days.

What is the difference between couples whose marriage either survives or succumbs? Which comes first? Is a broken marriage the gateway to infidelity? Or does infidelity cause the marriage to break? I think it goes both ways. Either way, as the potential end of a marriage, the reaction to cheating deserves some careful consideration.