How Georgia Courts Decide Alimony
Georgia has no alimony formula. Alimony is authorized, not required, in accordance with one party’s needs and the other’s ability to pay, and the amount is set after weighing eight factors including the standard of living, the length of the marriage, ages and conditions, resources and contributions.
What alimony is
Under O.C.G.A. 19-6-1(a), alimony is an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent. Either party can receive it.
Needs and ability to pay
Except where adultery or desertion bars it, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In deciding whether to grant alimony, the court considers evidence of the conduct of each party toward the other (Section 19-6-1(c)).
The eight factors for the amount
The finder of fact may grant permanent alimony to either party, from the corpus of the estate or otherwise, and considers in determining the amount, if any: (1) the standard of living established during the marriage; (2) the duration of the marriage; (3) the age and the 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 sufficient education or training to find appropriate employment; (6) the contribution of each party to the marriage, including homemaking, child care, education and career building of the other; (7) the condition of the parties, including the separate estate, earning capacity and fixed liabilities; and (8) other relevant factors the court deems equitable and proper (O.C.G.A. 19-6-5(a)).
A jury can decide
The statute speaks of the “finder of fact” because Georgia lets a jury, rather than the judge, decide some issues in a divorce case. Ask a licensed Georgia attorney whether you want a jury on alimony.
Gathering your evidence
Prepare a budget showing each household’s needs, income records, proof of the standard of living, medical information, education and work history, and records of each spouse’s contributions. The Georgia alimony calculator shows the shortfall and ability ceiling.
Questions to bring to an attorney
Ask how courts in your county have weighed the standard of living and earning capacity, whether a jury is advisable and how a property award would interact with alimony.
Alimony and property together
The separate estate of each party is one of the factors, so the property outcome affects alimony. See the Georgia property division calculator.
Frequently asked questions
Is alimony automatic in Georgia?
No. It is authorized, but not required, and depends on the needs of one party and the ability of the other to pay.
Does the standard of living matter for Georgia alimony?
Yes. It is the first factor listed for the amount of permanent alimony.
Do contributions as a homemaker matter for Georgia alimony?
Yes. Contributions to the marriage, including homemaking, child care, education and career building of the other party, are a listed factor.
Does earning capacity matter for Georgia alimony?
Yes. The condition of the parties, including separate estate, earning capacity and fixed liabilities, is a listed factor.
Is there a formula for Georgia alimony?
No. The statute lists factors and leaves the amount to the finder of fact.
Official sources
- O.C.G.A. 19-6-1: alimony defined; permanent and temporary
- O.C.G.A. 19-6-5: permanent alimony; determination of amount
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.