Can I recieve alimony from my husband of 2 years?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I recieve alimony from my husband of 2 years?
Been married to my husband since 9/08; told him that I wanted a divorce in 6/10. He was having an affair from 01/09 until 03/09. I didn’t work any of 2009. And I have worked 8 months out of this year. I am currently a full-time student in college again. And we have a 1 year-old daughter together. Would I be able to recieve temporary alimony in addition to child support (being that he paid/pays all the household bills since I’m unemployed)?
Asked on December 17, 2010 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The purpose behind alimony payments is to provide income to one spouse who has become economically dependent on the other spouse during the course of their marriage. In other words, alimony is generally awarded according to the needs of a spouse and their ability to earn income on their own.
These payments may be temporary or permanent. Temporary alimony may be awarded to preserve the status quo during the divorce proceedings; permanent alimony may be awarded as part of the final divorce decree. If the parties to a divorce can agree on their own as to the terms of their alimony payments, a court will usually incorporate that agreement into the final divorce decree. If the parties do not agree, then the court has have broad discretion in determining whether or not alimony should be awarded. If such an award is made, then the court also has broad discretion as to how much and how it will be paid. If the court determines that an award of alimony is appropriate, it must then determine the amount of alimony and how it will be paid. For example, lump sum, in periodic payments, or a combination of both.
In determining the amount of alimony to be awarded, the judge or jury will evaluate several factors. Among them are: (1) the standard of living each spouse enjoyed during their marriage, (2) the duration of the marriage, (3) the age, physical condition, and emotional condition of the parties, (4) the financial resources of each party, (5) the time necessary to obtain gainful employment, (6) each party’s contribution to the marriage, (7) the financial condition of the parties and (8) any other relevant factor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.