Divorce can bring many financial consequences, including child support and property division. Alimony may seem like an unwelcome and unnecessary addition to these burdens. If you may pay alimony in the future, you might wonder if these payments are truly justified if your ex shows no interest in earning their own income. What can you do in this situation? Can an experienced family law attorney in Georgia help?
The Court Will Consider Why Your Ex in Not Working
In Georgia, courts are wary of spouses who voluntarily decide not to work. Sometimes, spouses are justified in becoming unemployed. Perhaps they are disabled, or maybe they are struggling to find work. In these situations, you might be required to pay alimony even if your ex could potentially work but does not.
If your ex is simply refusing to work, the court may take a very different stance on the whole situation. In this situation, the court may consider not what your ex is currently earning, but rather what they are capable of earning. These calculations can be challenging, but they are necessary to ensure a fair alimony outcome.
How to Establish That Your Spouse Has the Ability to Work
You can help the court understand the circumstances of your situation by gathering evidence that shows your spouse is perfectly capable of working. This evidence might include his/her medical records, which do not describe any particular health issue that would prevent him/her from holding down a job. Evidence might also include past employment records that indicate he/she has a history of working a job in the past.
Perhaps your ex is arguing that they have been applying for numerous jobs over the past few months, but still cannot find work. You can then ask your ex to provide evidence that they have been applying for jobs. If they cannot provide this evidence, then this could indicate your ex is actually lying.
Accessing and requesting evidence in this scenario should be relatively easy. During the “discovery” phase, you are allowed to request all kinds of documents from your ex. As long as these documents are relevant to the case at hand, your ex must hand them over.
What if My Ex Cannot Work Due to Childcare Responsibilities?
Note that this situation is markedly different if your ex has primary physical custody of the children and cannot work due to demanding childcare responsibilities. In this situation, the court may determine that your ex’s reasons for not working are valid. As a result, you might still need to pay alimony. On the other hand, you could argue that your ex still has time for a part-time job, and this could reduce your alimony.
Can a Georgia Alimony Attorney Help Me?
If you face high alimony payments due to an upcoming divorce, you might want to speak with an experienced family law attorney in Georgia. These legal professionals can guide you forward with confidence, and they may be able to help you reduce or even eliminate your alimony obligations. For more information, consider speaking with Lankford & Moore Law today.
