Alimony & Spousal Support Attorney in Johns Creek & North Atlanta
Georgia does not use a formula to calculate alimony. Unlike child support, which follows specific income-based guidelines, spousal support in Georgia is entirely discretionary. The judge considers factors including marriage length, each spouse’s earning capacity, standard of living during the marriage, and contributions to the other spouse’s career or education.
At Tannen Law Group, we represent both spouses seeking alimony and those defending against alimony claims for families in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, Duluth, and the surrounding Fulton, Gwinnett, and Forsyth Counties.
Understand What Alimony You May Owe or Receive
Attorney David Tannen has negotiated and litigated alimony cases since 2002. Georgia has no formula. Preparation determines the outcome.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Spousal Support in the Atlanta Area: Quick Facts
- Types: Temporary alimony (during the case), permanent or periodic alimony (after divorce), rehabilitative alimony (fixed term), and lump sum alimony (one-time payment).
- No formula: Georgia has no alimony formula. Courts consider the standard of living, length of marriage, each spouse's earning capacity, and contributions during the marriage.
- Marital misconduct: Adultery that caused the divorce can bar a spouse from receiving alimony. Other conduct factors are weighed but not absolute bars.
- Modification: Periodic alimony can be modified on a showing of substantial change in circumstances, unless the agreement specifies non-modifiability. See modifications.
- Termination: Alimony terminates automatically on the recipient's remarriage or, in some cases, cohabitation in a marriage-like arrangement.
- Tax treatment: Under current federal tax law, alimony is not deductible by the payer or taxable income to the recipient (for orders after 2018).
- Short marriages: Alimony is rarely awarded in marriages under 5 years unless one spouse gave up a career for the marriage.
- Attorney fees: $7,500 retainer with hourly billing subtracted from the retainer (see pricing).
How Do Georgia Courts Determine Alimony?
Georgia judges have broad discretion in awarding alimony because the statute intentionally avoids a rigid formula. This means the outcome depends heavily on how the facts are presented and argued. The court considers the needs of the requesting spouse, the ability of the paying spouse, and the totality of the circumstances.
Factors that weigh most heavily in alimony cases include marriage duration (marriages under 5 years rarely produce long-term alimony; marriages over 15 years frequently do), the income disparity between spouses (a stay-at-home parent married to a high earner has a stronger claim than two working professionals with similar incomes), each spouse’s age and health (a 55-year-old with health issues faces different earning prospects than a 35-year-old), contributions to the other spouse’s education or career (a spouse who worked to put the other through medical school or business school has a recognized claim), and the standard of living established during the marriage.
One factor unique to Georgia is marital misconduct. A spouse whose adultery caused the divorce may be barred from receiving alimony. However, if the other spouse knew about and accepted the affair (condonation), the bar may not apply. Other forms of misconduct (financial waste, cruelty, abandonment) are weighed as factors but do not create an absolute bar.
Types of Spousal Support in Georgia
Temporary alimony (alimony pendente lite) is support paid while the divorce is pending. Georgia courts award temporary alimony to maintain the status quo, ensuring the lower-earning spouse can pay living expenses and attorney fees during the divorce process. Temporary alimony is not a guarantee of permanent alimony. It addresses immediate needs while the case is resolved.
Permanent or periodic alimony is ongoing support paid after the divorce is finalized, typically on a monthly basis. Despite the name, permanent alimony is not always permanent. It can be modified or terminated under certain conditions. Courts award periodic alimony when one spouse needs ongoing financial support and the other has the ability to provide it.
Rehabilitative alimony is time-limited support designed to help a spouse become self-supporting. This might fund education, job training, or professional recertification. Courts award rehabilitative alimony for periods based on the spouse’s education needs and employment prospects.
Lump sum alimony is a one-time payment rather than ongoing monthly support. This approach provides finality: no future modification disputes, no ongoing payment tracking. Lump sum alimony is sometimes negotiated as part of a property division settlement.
Find Out If You Qualify for Alimony in Georgia
Georgia alimony is fully discretionary. We will assess the factors a judge would consider in your case and explain what to expect.
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No obligation. Honest assessment of what you are likely to pay or receive.
Alimony in High-Income Divorces
North Atlanta is home to executives, business owners, physicians, and professionals with substantial incomes. High-income alimony cases involve additional complexity because the standard of living established during the marriage may include luxury housing, private school tuition, country club memberships, multiple vehicles, and significant travel. Courts can consider these lifestyle elements when setting alimony.
When a paying spouse’s income includes bonuses, stock options, partnership distributions, or business profits, calculating ability to pay requires careful financial analysis. At Tannen Law Group, we work with certified divorce financial planners and forensic accountants to present accurate income pictures to the court, whether we are seeking a fair alimony award for our client or defending against an inflated claim.
Business owners face particular scrutiny because personal and business expenses often overlap. Courts will look through business deductions, personal expenses run through the company, and artificial income suppression when determining ability to pay. Attorney Kevin Markes brings his former criminal trial background to tracing business income and challenging financial representations in high-income divorce cases.
Modifying or Terminating Alimony
Georgia law allows modification of alimony when there is a material change in circumstances, unless the divorce settlement specifically states that alimony is non-modifiable. Common grounds for modification include significant income changes for either party (job loss, promotion, retirement, disability), the recipient spouse becoming self-supporting, the paying spouse experiencing financial hardship beyond their control, and changes in the cost of living.
Alimony terminates automatically upon the recipient’s remarriage under Georgia law. Alimony also terminates upon the death of either party unless the agreement provides otherwise. Georgia courts can also terminate alimony if the recipient is living in a cohabiting relationship with a romantic partner in a marriage-like arrangement. Proving cohabitation requires evidence of shared residence, financial interdependence, and the nature of the relationship.
If you are paying alimony and circumstances have changed, or if you are receiving alimony and your ex-spouse has filed for modification, Tannen Law Group can assess your situation and advise you on the likelihood of success in either direction.
Why Families Choose Tannen Law Group for Alimony Cases
Attorney David Tannen has negotiated and litigated alimony cases in Fulton, Gwinnett, and Forsyth County courts since 2002. He has represented spouses with significant income disparities, spouses defending against inflated alimony claims, and spouses with complex compensation structures.
Attorney Kevin Markes brings his former criminal trial background to contested alimony cases involving business income disputes, hidden compensation, and complex financial structures. His cross-examination skills apply directly to depositions of business owners, accountants, and financial experts.
Director of Client Relations Melissa Barker manages client communication throughout the alimony case. When negotiations and discovery span months, consistent updates about case status are part of effective representation.
Frequently Asked Questions
How is alimony calculated in Georgia?
Georgia does not use a formula for alimony. The amount and duration are entirely at the judge’s discretion based on factors including marriage length, earning capacity, standard of living, contributions to the marriage, age, health, and marital conduct. This makes how you present your case critically important. The same facts can lead to very different outcomes depending on the quality of preparation and advocacy.
Can I get alimony if my spouse cheated?
If your spouse committed adultery and that adultery was the cause of the divorce, they may be barred from receiving alimony. However, this bar only applies to the spouse who committed adultery. If you were the faithful spouse, you can still seek alimony. If both spouses were unfaithful, the bar may not apply to either. Call (470) 560-7798 to discuss how this applies to your situation.
How long does alimony last in Georgia?
There is no fixed duration. Short marriages (under 5 years) rarely produce long-term alimony. Marriages of 10 to 20 years may result in alimony lasting several years. Very long marriages can produce alimony lasting until retirement or death. Rehabilitative alimony is typically limited to a fixed term tied to retraining or education needs. The terms can be negotiated as part of the settlement or ordered by the court.
Can I get temporary alimony while my divorce is pending?
Yes. Georgia courts regularly award temporary alimony (alimony pendente lite) to maintain the financial status quo during divorce proceedings. Temporary alimony addresses immediate living expenses and can include a contribution toward attorney fees. It is awarded based on need and ability to pay, and it does not predetermine the final alimony outcome.
What happens to alimony if my ex-spouse moves in with a new partner?
Georgia courts can terminate alimony if the recipient enters a cohabiting relationship with a romantic partner in a marriage-like arrangement. Proving this requires evidence beyond simply showing the ex has a new partner. Courts look for shared housing, financial interdependence, and the nature of the relationship. Call (470) 560-7798 to discuss what evidence supports a termination petition.
Is alimony taxable in Georgia?
For divorces finalized after December 31, 2018, alimony is not deductible by the payer and not taxable income to the recipient. This is a federal tax rule (Tax Cuts and Jobs Act) that Georgia follows. For divorces finalized before that date, the old rules may still apply unless the agreement has been modified.
Can I waive alimony in a prenuptial agreement?
Yes, but the waiver must meet Georgia’s enforceability standards: voluntary signing, full financial disclosure, and terms that are not unconscionable. Courts have invalidated alimony waivers in prenuptial agreements where one spouse was pressured into signing or where financial information was hidden. Having independent legal counsel for each spouse strengthens enforceability.
How much does alimony representation cost at Tannen Law Group?
Alimony work is performed under the contested divorce $7,500 retainer with hourly billing subtracted from the retainer. Total cost depends on whether the case is contested, the complexity of the income picture, and whether the case settles or proceeds to trial. See pricing for current rates.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your alimony case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your alimony case.
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Understand Your Alimony Rights
Whether you are seeking spousal support or defending against an alimony claim, the outcome depends on how effectively the facts are presented to the court. Contact Tannen Law Group for an honest assessment of your situation.
Call or text (470) 560-7798
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097
Your Free Consultation Includes:
- A realistic assessment of alimony based on your income, marriage length, and circumstances.
- Whether your spouse's conduct affects their alimony eligibility.
- Strategy for negotiating or contesting alimony in your case.
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Not ready to call? Read: High-Asset Divorce in Georgia