If you are heading toward divorce in Georgia, you might be wondering whether you will have to pay your ex alimony. While internet research represents a positive first step, alimony calculations depend heavily on the unique circumstances of each spouse. An online consultation provides more targeted information, helping you determine whether these payments are truly necessary.
You Only Need to Pay Alimony if There is an Income Disparity
Generally speaking, alimony is only required in situations where there is a considerable income or wealth disparity between spouses. In other words, you might earn much more than your ex – or your net worth might be much higher. If your income is similar or identical to that of your former spouse, these payments may not be necessary.
Note that family courts in Georgia take various factors into account when determining whether there is a disparity between spouses. For example, your ex might have inherited a considerable sum from their relatives during the marriage. Perhaps they are the beneficiary of a trust fund. In these situations, you might avoid paying your ex alimony even if you earn more than them.
Agreeing to Forgo Alimony
It is also possible to forgo alimony altogether – even if it would otherwise be required. You can make these agreements before or after your marriage. That being said, acting beforehand is more efficient, and you can do this by creating a prenuptial agreement. This type of contract goes into effect before you sign your marriage contract, and it details what will happen in the event of a divorce. As part of your prenuptial agreement, you can agree to forgo alimony. Note that your ex must consent, and you cannot subject them to any kind of pressure, coercion, or deception.
Another option is to create a divorce agreement after your separation. In this scenario, you will meet with your ex and negotiate the terms of your divorce through alternative dispute resolution or “ADR.” Examples of ADR include mediation, collaborative law, and arbitration. However, your ex might not be willing to forgo alimony after separation, and they may be willing to pursue litigation to ensure these payments. Like prenuptial agreements, both spouses must consent to the ADR process.
Avoiding Alimony Through Retirement or Disability
It may also be possible to avoid paying alimony if you retire or become disabled. This may constitute a “change in circumstance,” allowing you to modify an existing alimony agreement. Note that modifying these agreements is not always easy, and you might want to discuss this subject further alongside an experienced family law attorney in Georgia.
Find an Experienced Alimony Lawyer in Georgia
Contact Lankford & Moore Law today to learn whether you will need to pay alimony in Georgia. Once you determine what your obligations might be, we can help you execute various strategies to limit or even eliminate these payments. Reach out today, book a consultation, and learn more about your next steps.
