Can I recieve alimony from my husband of 2 years?

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Can I recieve alimony from my husband of 2 years?

Been married to my husband since 9/08; told him that I wanted a divorce in 6/10. He was having an affair from 01/09 until 03/09. I didn’t work any of 2009. And I have worked 8 months out of this year. I am currently a full-time student in college again. And we have a 1 year-old daughter together. Would I be able to recieve temporary alimony in addition to child support (being that he paid/pays all the household bills since I’m unemployed)?

Asked on December 17, 2010 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The purpose behind alimony payments is to provide income to one spouse who has become economically dependent on the other spouse during the course of their marriage.  In other words, alimony is generally awarded according to the needs of a spouse and their ability to earn income on their own.

These payments may be temporary or permanent.  Temporary alimony may be awarded to preserve the status quo during the divorce proceedings; permanent alimony may be awarded as part of the final divorce decree.  If the parties to a divorce can agree on their own as to the terms of their alimony payments, a court will usually incorporate that agreement into the final divorce decree.  If the parties do not agree, then the court has have broad discretion in determining whether or not alimony should be awarded.  If such an award is made, then the court also has broad discretion as to how much and how it will be paid.  If the court determines that an award of alimony is appropriate, it must then determine the amount of alimony and how it will be paid.  For example, lump sum, in periodic payments, or a combination of both.

In determining the amount of alimony to be awarded, the judge or jury will evaluate several factors. Among them are: (1) the standard of living each spouse enjoyed during their marriage, (2) the duration of the marriage, (3) the age, physical condition, and emotional condition of the parties, (4) the financial resources of each party, (5) the time necessary to obtain gainful employment, (6) each party’s contribution to the marriage, (7) the financial condition of the parties and (8) any other relevant factor.


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