Alimony & Alimony Modification

Alpharetta Alimony Attorney's Guide to Spousal Support (Alimony) and Alimony Modification

Divorce isn’t just about separating lives, it’s about securing your future. When financial stability is on the line, spousal support (alimony) becomes a critical issue. Whether you are seeking alimony or being asked to pay it, the right legal strategy can make all the difference. At Hastings Shadmehry, our Alpharetta divorce attorneys fight relentlessly to ensure alimony decisions are fair, strategic, and in your best interest.

Understanding Alimony in Georgia

Alimony is not automatically granted in a divorce. Unlike child support, which follows strict guidelines, spousal support is entirely discretionary meaning the judge determines whether it is awarded, how much, and for how long. The court evaluates factors such as:

The length of the marriage (long-term marriages of 10 years or more are more likely to involve alimony)
Each spouse’s financial contributions to the marriage
The current lifestyle and future financial needs of both parties
The ability of each spouse to earn income and support themselves
The assets each party retains after the divorce
Whether adultery, abuse, or abandonment played a role in the marriage breakdown

Because the outcome is so dependent on legal arguments, having an aggressive and strategic divorce attorney is essential. At Hastings Shadmehry, we build compelling cases to protect our clients, whether that means securing spousal support or fighting against an unfair alimony demand.

Fighting for Fair Alimony Awards

If you are seeking alimony, you need strong legal advocacy to prove your financial need and demonstrate your spouse’s ability to pay. If you are the paying spouse, you must ensure the amount and duration of payments are fair, reasonable, and not financially crippling. We fight for our clients on both sides of alimony disputes, ensuring the best possible outcome.

Alimony can take different forms, including:

Temporary Alimony – Support granted during the divorce process to help maintain financial stability.
Rehabilitative Alimony – Support awarded to help a spouse regain financial independence, often through education or job training.
Permanent Alimony – Rare but possible in long-term marriages where one spouse is financially dependent and unlikely to become self-sufficient.
Lump-Sum or Periodic Payments – Payments may be structured as a one-time settlement or ongoing installments.

Judges have broad discretion in determining spousal support, which means your legal representation matters. We bring an aggressive and strategic approach to alimony cases, ensuring our clients are not taken advantage of.

All About Alimony Modifications

Can Alimony Be Modified in Georgia?

Yes. Either spouse can file a Petition for Modification of Alimony in Georgia, but certain conditions must be met:

Your alimony was not paid in a lump sum
Your divorce decree does not prohibit future modifications
There has been a substantial change in circumstances, financially or otherwise

Examples of qualifying changes include job loss, significant income increase or decrease, or unexpected financial burdens.

When Can a Judge Increase Alimony?

If you are the spouse receiving alimony and are struggling to meet basic needs, you may ask the court to increase the amount. To do this, you must prove that your financial situation has changed in a significant and unavoidable way.

Examples include:

You lost your job
You were forced to take a pay cut
You’re facing extraordinary, unexpected expenses (like medical bills)

The court will review your full financial situation (income, expenses, debts, and assets) and determine whether an increase is justified.

When Can a Judge Decrease Alimony?

If you’re the spouse paying alimony and your financial situation has worsened, you may request a decrease. You’ll need to show that the change was substantial, beyond your control, and that you’ve made efforts to recover, such as actively searching for new employment.

Common reasons for a decrease include:

Job loss or involuntary unemployment
A significant drop in income
Health issues preventing you from working

Again, the court will evaluate both parties’ current financial standing before making a decision.

Choosing Hastings Shadmehry’s Spousal Support Lawyers for Assistance in Alimony Disputes

Spousal support battles are won by strategy, preparation, and relentless legal representation. Whether you need to secure financial support or prevent an unfair alimony obligation, Hastings Shadmehry is your strongest ally.

Don’t let an unfair alimony order define your future. Call Hastings Shadmehry today at 770-641-8200 or send us an email to schedule a consultation. We are ready to protect your rights, fight for your financial security, and ensure the best possible outcome in your divorce.

Alimony and Spousal Support FAQ

How long does alimony typically last in Georgia?

The duration of alimony in Georgia varies based on individual circumstances. Short-term or rehabilitative alimony may last a few years, while alimony from longer marriages could extend for decades or even be permanent. Georgia courts consider factors such as the length of the marriage, the age and health of both parties, and the time needed for the recipient to become self-sufficient. At Hastings Shadmehry, we meticulously analyze these factors to argue for an appropriate duration that serves our clients’ best interests.
Can alimony be modified after the divorce is finalized?

Yes, alimony can be modified in Georgia if there’s a substantial change in either party’s financial circumstances. This could include job loss, significant income increases, or changes in health status. However, the process is not automatic and requires legal action. Our team at Hastings Shadmehry is adept at both pursuing and defending against alimony modifications, ensuring that any changes accurately reflect current realities while protecting our clients’ financial stability.
How is my alimony affected if I remarry?

In Georgia, alimony typically terminates upon the remarriage of the recipient spouse. This is automatic and doesn’t require court intervention. However, it’s crucial to note that cohabitation with a romantic partner, even without marriage, can also impact alimony. Georgia law allows for modification or termination of alimony if the recipient is in a meretricious relationship. Our attorneys are vigilant in monitoring such situations, whether to protect ongoing alimony or to seek termination when appropriate.
Can I receive alimony if I was at fault for the divorce?

While Georgia is a no-fault divorce state, marital misconduct can still be considered when determining alimony. The court may consider factors such as adultery or cruel treatment when deciding whether to award alimony and in what amount. However, fault is just one of many factors considered. At Hastings Shadmehry, we skillfully navigate these sensitive issues, presenting a compelling case that focuses on the financial aspects while addressing any misconduct allegations strategically.
How is the amount of alimony calculated in Georgia?

Georgia doesn’t have a set formula for calculating alimony. Instead, the court considers various factors including the standard of living established during the marriage, each party’s financial resources, earning capacities, and needs. This discretionary approach means that having a skilled attorney is crucial. Our team at Hastings Shadmehry employs sophisticated financial analysis and persuasive argumentation to advocate for an alimony amount that truly reflects our clients’ situations and needs.
Can I avoid paying alimony by quitting my job or reducing my income?

Intentionally reducing your income to avoid alimony obligations is strongly discouraged and can have serious legal consequences. Georgia courts have the authority to impute income based on earning capacity rather than actual earnings if they suspect voluntary unemployment or underemployment. If you’re concerned about your ability to pay alimony, it’s essential to consult with experienced attorneys like those at Hastings Shadmehry. We can help you explore legal options to address your concerns without risking punitive action from the court.