How to Determine the Duration of Alimony and New Trends



THE DURATION OF ALIMONY AND THE NEW TREND:

As Augusta, Georgia divorce attorneys, we are often asked by folks about how Georgia judges (or juries) determine the amount of alimony in a divorce case and how long such alimony must be paid.  Today, let's focus only on the latter question -- about the length or duration of alimony.  Simply put, generally, in Georgia, while there are guidelines, a judge has complete discretion to determine how long he or she believes alimony should be paid.  Put another way, while a judge will consider the length of the marriage, and the parties' needs and ability to pay, (among other factors), in determining the amount of alimony, the judge generally also has  a lot of discretion in determining the length of time or duration in which it must be paid. 

But judges have common sense.  For example, in theory, it is possible that a party in a short-term marriage of two or three years could get permanent alimony.  But that is not likely to happen.  However, the point is that, in Georgia, generally, judges retain complete discretion to decide the duration of alimony. But that's in Georgia.  What about other states?  Are there any new trends or new approaches in states' alimony statutes?

FLORIDA'S NEW ALIMONY STATUTE:

In Florida, in 2010, their state legislature reportedly enacted a new alimony statute which essentially divides marriages into three categories, based upon duration.  Short-term marriages are defined as marriages less than 7 years; moderate, 7-17 years; and long-term marriages are defined as longer than 17 years.  These three categories, in turn, help determine the duration of alimony payments.

MASSACHUSETTS' NEW ALIMONY STATUTE:

Also, in Massachusetts, just last week, their state legislature passed a new law which similarly limits the duration of alimony payments based upon the length, or duration, of the marriage.  For instance, now, in Massachusetts, for long-term marriages, (i.e. defined as being more than 20 years), alimony will end at retirement age.  And now -- get this -- under their new law, if you have been married for 5 years, or less, the duration of alimony will now reportedly be automatically capped at 50% of the number of months you were married. 

In other words, there appears to be a trend toward "fixing" alimony statutes by limiting a judges' discretion as to the duration of alimony.  Of course, you should consult with a divorce lawyer in your own state about your own state's laws about divorce and alimony!

What is your opinion of this trend and these statutory changes in some states which limit the duration of alimony based upon the duration of the marriage?  Should their be statutory limitations, or should judges retain the discretion to decide how long alimony should be paid?

SLUGGO'S "TREND:"

Of course, if you were married to a worthless spouse, like "Sluggo," you would be happy if he would get off his lazy "trend" and make even one alimony payment!  

Divorce "Joke of the Day!"

After a number of serious posts, today, maybe it is time for a divorce "joke of the day!"

Here is an "oldie goldie" that is still a "goodie:"

The divorce court judge told the husband, "After careful deliberation, I have decided to give your spouse $5,000 each month in alimony."

The husband replied, "That's great! Each month, I'll try to give her a few bucks, too!"

From each of us at The Goolsby Law Firm, LLC, (father and son divorce lawyers), to each of you: Happy Labor Day Weekend!

Divorce: "Prenups" and "Renups!"

This is not a celebrity gossip blog. And I am not here today to debate all the salacious issues in the ongoing Tiger Woods saga! Frankly, at this point, I wish the media would just leave this couple alone to work out their marital problems. Of course, that is unlikely to occur, isn't it?

But in today's post, I wanted simply to point out that the Tiger Woods "situation" has promoted the use of a new word in the English language: a "renup!" (Post-nups have been around for a while, but a "renup" is a little different)!

Everyone has heard of the word "prenup," which is short for prenuptial agreement. A prenuptial agreement refers to a pre-marital contract which allows a wealthy suitor to protect their fortune by limiting the amount of alimony, (or property division), which the poorer spouse can claim in the event of a divorce. (I've never figured out exactly how you would raise the idea of a prenup with your sweetheart prior to proposing marriage! Talk about killing the romance!) But from now on, after the Tiger Woods saga, everyone will also be talking about "renups," or renuptial agreements, which will refer to a prenuptial, or postnup, agreement which is re-negotiated by an aggrieved spouse after "Sluggo" has been caught "up to no good!" I suspect most wealthy men will, if given a choice, select a "renup," over a "post-snip!"

Not much good exists in the Tiger Woods situation. But I guess drafting "renups" will at least give some celebrity divorce lawyers greater job security!

Divorce and Permanent Alimony

Why is there a photograph of a boat in a blog about divorce? I'll explain below! First, let's talk a little bit more about money, or permanent alimony in Georgia, to be more specific! Did you know that, under Georgia law, (O.C.G.A. 19-6-4), permanent alimony may be granted:

(1) In cases of divorce;

(2) In cases of voluntary separation; or

(3) Where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.

You also need to discuss with your Georgia divorce lawyer the fact that an award of permanent alimony may be enforced either by a contempt action, or by writ of fieri facias. This writ is a fancy latin term, more commonly known as a "fi fa," which means that you may be authorized to ask the sheriff to seize and sell some of the personal property of your worthless spouse "Sluggo" to satisfy your award of alimony, if he refuses to pay.

So, this is where the photo of the boat comes into play! You may, in some circumstances, be able to ask your divorce attorney to get the sheriff to seize Sluggo's boat to collect on your alimony!

Divorce and Temporary Alimony

Let's talk about money today! More specifically, let's discuss temporary alimony. Most people think of alimony as spousal support which begins following the divorce. But did you know that, at least under Georgia law, (O.C.G.A. 19-6-3), either party to a divorce may also apply for temporary alimony while the divorce action is pending. If you seek temporary alimony from "Sluggo," the judge will consider the "peculiar necessities" of each party and whether the petitioner has sufficient independent funds to get by. In other words, if you are as wealthy as Oprah or Martha Stewart, you are less likely to get temporary alimony!

At the hearing on the application for temporary alimony, a Georgia judge will not get into the merits of the divorce case, but he or she may inquire into the cause and circumstances of the separation rendering alimony necessary. So, if you ran off to gamble and lost your shirt in Las Vegas, you would probably have a weak argument for temporary alimony.

You should also know that, generally speaking, Georgia law gives a trial judge a lot of discretion in deciding whether or not to grant temporary alimony, (and how much). So, if you are like most people, you probably need it, and you should therefore be sure to discuss it with your divorce attorney.

Divorce: Getting "Sluggo" to Pay for College

One question which we, (as Augusta, Georgia divorce lawyers), often get asked is: "Can I get the judge to make my spouse, "Sluggo," pay for the kids' college expenses?

The simple, unfortunate answer we generally must give is, "No." In other words, in Georgia, after the children turn eighteen, the non-custodial spouse is generally off the hook for court-ordered child support. But there still may be hope!

In other words, even though a judge may not order "Sluggo" to pay for the kids' college expenses, it is important for you to remember that this is a matter which you can raise with your divorce attorney and, with your divorce attorney's help, it can be negotiated and potentially included as part of a settlement agreement. So, don't give up on the idea. Instead, please just raise and discuss the idea with your divorce lawyer.

And please also don't forget that you should also discuss with your divorce attorney the idea of negotiating for spousal support, too, so that you, too, can afford to join your child at the University of Georgia!

Adultery: What Cheating Can Cost you!

As the old saying goes, "cheaters never win." It is true in sports and it is true in marriage and divorce, too!

Let's talk a little bit about the some of the practical consequences of adultery, if you get caught. Did you know, for example, that, if you get caught cheating, it can cost you any chance of getting alimony? According to Georgia's divorce law, (O.C.G.A. 19-6-1), a party in a divorce case is NOT entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. What this means, folks, is that even though your worthless spouse, "Sluggo," may have become about as romantic as a cold, limp dish rag, you had better not get caught running around on him if you want any chance at getting alimony! And you shouldn't desert him, or run off, either, according to Georgia law!

There are other potential consequences of cheating, too! For instance, although adultery, per se, may not be directly relevant to child custody, there is a possibility that, if you get caught partying around with another man, especially if you have "sleep overs" while the kids are present in the home, it might cost you custody of your children, too!

So, please just hold your horses until your divorce is final! Again, it's not my goal to "preach" at you, about cheating or anything else. I simply want to give you some practical information and tips to consider! As always, you should check with an attorney in your area about the consequences of adultery. I am not licensed in other states and I have no clue about what is okay to do in California!

And can I give you one more bit of practical advice? Please be honest with your divorce attorney! If you have been running around on ole' "Sluggo," then you should openly tell your lawyer, so that you can best determine together how to legitimately address these issues!

And one more thing... I bet I don't even have to tell you that you should NOT tell "Sluggo," if you have been "up to no good!"

Alimony: "The Bill You Get For the Thrill You Got!"

Lewis Grizzard, my favorite Southern humorist, wasn't immune from the divorce bug. But he had a special way of making even the topics of divorce and alimony funny! The hardest I ever laughed in my life was while watching Grizzard's stand-up act which he performed in an old tobacco barn in Moultrie, Georgia.

However, we all know that divorce and alimony are no laughing matter! You may need alimony, (or to avoid alimony), to survive. If you are contemplating a divorce, you should discuss this important issue with your divorce attorney. Do you know some of the factors that a Georgia court will consider in setting the amount of permanent alimony? The Georgia courts generally consider the needs of the parties and ability to pay. Among other factors, the court will consider, (as found in O.C.G.A. 19-6-5):

1. The standard of living established during the marriage;

2. The duration of the marriage;

3. The age and physical and emotional condition of both parties;

4. The financial resources of each party;

5. Where applicable, the time necessary for either party to acquire education or job training;

6. The contribution of each party to the marriage, (e.g. homemaking, child care, contribution to

the education or career building of the other party; and

7. The condition of the parties, including any separate estate, earning capacity, and fixed

liabilities).

You may not have been aware of these factors, but I'll bet you were aware that, generally, the obligation to pay alimony stops when the recipient remarries.

Of course, Lewis Grizzard had another idea about alimony and remarriage. As Grizzard concluded, "I don't think I'll get married again. I'll just find a woman I don't like and give her a house!"

Divorce and Dating: When Can You Start?

Let's assume you have lived with your worthless spouse, "Sluggo," for many years and now you are finally getting a divorce. You can't wait to get started on your new life and maybe meeting "Mr. Right!" When can you start dating again? Can you begin dating after your divorce attorney has filed your divorce documents?

In Georgia, the simple, unequivocal answer is: NO! NO! NO! You cannot, should not, must not begin dating or looking for Mr. Right until AFTER your divorce is final! Filing the documents begins the process; but it takes a final divorce decree to complete it.

Please consult with your divorce lawyer about this question, but, I can tell you that, in Georgia, dating and adultery can have dire consequences for you and your divorce! For example, adultery can operate as a bar to alimony. In addition, if you are engaged in a child custody battle, Sluggo's divorce attorney will probably try to spin evidence of your dating to attempt to show your unfitness as a custodial parent.

The bottom line is that, (at least in Georgia), you should NOT begin dating until AFTER your divorce is final! Look at it this way: You have put up with living with Sluggo for this long; so, surely you can manage not dating for just a little while longer, too!