If your spouse became disabled during your marriage, you might wonder about alimony in Georgia. Is the court going to make you pay your husband’s bills because he became “dependent” on you during the marriage? Is this really a fair outcome? These are questions you might want to ask an experienced alimony attorney in Georgia.
Georgia Courts Consider Disabilities When Awarding Alimony
You should know that Georgia family courts consider disabilities and the overall health of both spouses when approaching the question of alimony. Also known as “spousal support,” alimony is designed to help someone who has become dependent on their ex during marriage. This individual may have become dependent on this financial support for various reasons, including long-term disability.
Consider Your Spouse’s Ability to Earn Income
The most relevant factor in this discussion is income. First, someone in the United States is only considered “disabled” if their health condition prevents them from earning income. A disability might also reduce a person’s earning capacity. If your spouse claims to be disabled but is still capable of earning income, you might be able to challenge the validity of their disabled status.
If your spouse genuinely struggles to earn income because of their disability, you may be required to pay more alimony. You might also face longer-term alimony. While permanent alimony is rare, courts often award it in cases involving permanent disabilities. In other words, you might have to continue paying alimony until you retire or your spouse dies.
Your Spouse Should Be Receiving Benefits
If your spouse is genuinely disabled, they should be receiving various benefits from the government. This may be considered “income” for alimony calculation purposes, and it may reduce your need to support your ex after the divorce. Speak with a lawyer to learn more about the definition of “income” in the context of alimony, and how it might reduce your own obligations.
Consider Your Other Assets
Even if your spouse is disabled, they may have more wealth than you as they emerge from the divorce. Despite their reduced income or lack thereof, they may still have extensive separate assets. These might include inheritance. Even if your spouse received this inheritance during the marriage, they generally get to keep it all after a divorce. These are factors that the court considers when awarding alimony.
If you believe that your spouse should not receive alimony despite their disability, consider speaking with an experienced alimony lawyer in Georgia.
Can an Alimony Lawyer in Georgia Help Me?
An alimony lawyer in Georgia may be able to help if you’re emerging from a marriage with a disabled ex-spouse. These kinds of situations can be incredibly complex, and it’s often challenging to figure out the right path forward without speaking with a lawyer. During a consultation with a lawyer, you can discuss your unique circumstances. Contact Lankford & Moore Law today to continue this conversation.
