How do I know if I’m eligible for alimony?

My husband and I are thinking of getting a divorce. He has never kept any assets on his name everything is under his dad or mom’s name. He earns about the same as I do. Am I eligible for alimony?

Asked on July 23, 2012 under Family Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

Alimony may be awarded on either temporary or permanent basis. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the marital discord was caused by that party's adultery or desertion. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount of alimony, if any, to be awarded:

  • 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]

Generally speaking assets acquired during the marriage are marital assets and you are going to have to sit down with an attorney to determine what is what and what you have the ability to go after.  Good luck.

 


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