If I have been married for 1 year, am I entitled to alimony?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have been married for 1 year, am I entitled to alimony?

My husband is mentally abusive. We go to counseling every week for almost a year-and it has not helped. Can you tell me if I file for divorce approximately how much alimony I am entitled to? I own my own home worth 250 K that I currently rent out, and I personally pay $500 to make up the difference in the mortgage. I moved into his house when we got married. His house is worth 500K. I make 55 K per year and he makes 125K per year.

Asked on June 30, 2011 under Family Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for you situation.  You need to seek help from an attorney in your area.  Just as some background, until 1980, there were no provisions under Georgia law for alimony. The Divorce Code of 1980 provides that the court may allow alimony to either party "only if it finds that alimony is necessary."

Under Georgia law, married people are financially responsible for each other. In other words, the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. Alimony in Georgia is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Georgia is either "rehabilitative"  or "permanent". Alimony is money for support paid to a spouse by the other spouse. Alimony can be for a short or long period of time. Usually alimony is granted by the court only when a long term marriage  ends. The other party must be able to pay alimony of the court is to award alimony to the other party.  Alimony may also be grant short-term before a final divorce decree is awarded but the right is granted on a case by case basis.  The disparity in income may help here and if you want to go back to school, etc.  But the length of your marriage may work against you.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption