If I receive 1/2 of my husband’s retirement and he’s willing to give me house, am I still able to collect alimony?

My husband has a rather decent amount in his retirement I know by law I receive half of that he’s willing to give me the house so that I wouldn’t have to move with are two children but in order for me to stay here financially don’t think I’ll be able to do it. I want to know because the retirement amount is pretty large will I still be able to receive alimony. We’ve been married 26 years and most of those years I’ve either been home with kids or worked around there schedules. Mostly has a server.

Asked on July 11, 2012 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue of alimony or spousal support in Georgia is based upon the court's review of the situation based upon a set of factors.  They are as follows:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of both parties.
  • The financial resources of each party.
  • The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment.
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  • The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
  • Such other relevant factors as the court deems equitable and proper.

[Based on Georgia Code - Sections: 19-6-1 and 19-6-5]. 

So it is not a cut and dry answer here for you.  Please consult with an attorney.  Good luck.


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