Statutory Factors for Determining Alimony in Georgia

Determining alimony in a Georgia can be quite a challenge. There are “factors” to consider, but generally there is a way for the Court to do just about whatever it wants, and the broad discretion trial judges are given mean it’s almost impossible to do anything about it on appeal once an award has been made. Still, it’s worth looking at the statutory factors set out in O.C.G.A. 19-6-5, which are:

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 enable him to find appropriate employment;
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
8. Such other relevant factors as the court deems equitable and proper. (emphasis added)

Again, just to make sure we’re clear – that last one means the Court can consider literally whatever it wants. But knowing and being able to argue within the framework of the other factors at least gives you a fighting chance of convincing the Court to do what you want.