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  1. #1
    Join Date
    Feb 2012
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    Question Award of Alimony for Life

    My question involves a marriage in the state of:Georgia

    Good Day to all those who are reading this post and thanks in advance for any advice

    My husband was previously married for 22years. He said when he got divorce he was too heartbroken to fight. My husband and Ex-wife had three children. During the divorce

    he was order to pay child support and alimony in the state of Georgia. Now the children are grown and he is still paying alimony. In the divorce there is no set time on how

    long he has to pay alimony and if she get married or have a boyfriend living with her when the payments end… How long in the state of Georgia does alimony given to a person if it isn’t stated in the divorce decreed?

  2. #2
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    Default Re: Divorce: Alimony for Life

    It can be lifetime.

    What he needs to do is look at his decree and see what (if anything) it says about modification. Word for word, minus names.

  3. #3
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    Feb 2012
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    Default Re: Divorce: Alimony for Life

    Okay, I know this is a lot to read but please do I’m in serious need of UNDERSTANDING. I have scanned a copy of the divorce decree. Now in the section of Property and Distribution is that payment for Life in the state of Georgia?

    2. Property Distribution: The parties hereby agree that they have equitably divided their property between them and each is satisfied with said division. The Wife shall have sole and exclusive possession and use to the marital residence located (…) at and shall be responsible for any and all indebtedness in regard to said property, including mortgages, taxes, insurance and utilities. Said property shall be immediately placed on the market and sold at it's fair market value, at a price mutually agreed to by both Husband and Wife. Both shall cooperate with each other, all realtors and agents used in the marketing and selling of said property. As an equitable division of marital property, upon the sale of said property, Husband and Wife shall equally divide any of the net sales proceeds. Wife shall indemnify and reimburse Husband should she default on any indebtedness payment in regard to said property, wherein due to her default. Husband makes said payment instead.

    Each month- Husband shall pay one-half of his monthly military retirement pension to Wife within ten (10) days of his receiving same, into an account designated by the Wife, and Wife hereby forever waives, relinquishes, transfers and conveys to Husband any and all interest she has » may have in Husband's 401K, retirement and pension plans with Gwinnett County. Each party may retain any and all monies located in their respective bank, savings, investment, retirement, 401K, pension and deferred compensation accounts and plans free and clear and the other party hereby waives any and all interest he or she may have in the other's account or plan, other than the aforementioned military retirement pension plan.
    Each party shall retain sole and exclusive possession, title and ownership to any vehicle currently in his or her respective possession and be responsible for all indebtedness including insurance in regard to said vehicle.

    Does this payment he's making for LIFE?

  4. #4
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    Default Re: Divorce: Alimony for Life

    This isn't alimony - this is property division. I know it sounds pedantic, but there IS a difference and it matters. So yes - it looks like the payments are permanent, lifetime and would not end upon her remarrying or cohabitating.

    Also, this is a stipulated agreement (as opposed to being ordered by the court), where both parties willingly agreed to the terms.

    If he wants to reopen the property division, he'll need an attorney - and it could get expensive (that's if it's even possible at this point). I do not rate his chances of changing the terms and I think it would be a very expensive lesson in futility.

    It could also end up with him losing even more, financially, in the long term.

  5. #5
    Join Date
    Feb 2011
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    Default Re: Award of Alimony for Life

    What's funny is that alimony and unfair property-division laws are starting to change (Massachusetts had a big overhaul) after women are starting to pay alimony and unfair property-division arrangements in larger numbers. I think women are now making about 1-2% of all alimony payments (roughly 0% even 10 or 20 years ago), but it's enough for a cry that alimony is unfair. And one human being leeching off another human being for an entire lifetime - with no reciprocity - and the payer can be thrown in jail for non-payment - is beyond unfair. It's like 13th Amendment unfair.

    But changes in alimony and unfair property and pension-division laws are not going to change existing settlements. I guess more and more of the public is starting to see these recipients as scum. That's at least a small relief.

    Quote Quoting Dogmatique
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    Also, this is a stipulated agreement (as opposed to being ordered by the court), where both parties willingly agreed to the terms.
    Yeah, well, "stipulated agreement" sometimes means that you can either agree to it - or pay lots of money to an attorney - and then still agree to it or get it ordered by a judge. There are also stipulated agreements with the Mafia.

  6. #6
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    Default Re: Award of Alimony for Life

    You're preaching to the choir, Michael. In my very humble little opinion, there are VERY few situations where I think alimony is appropriate to begin with - and even fewer where lifetime alimony is appropriate.

    Texas has gotten smart about it, Mass. is catching up, and hopefully other states will follow.

    With that said, I'll refrain from calling names. I do agree that many recipients are simply leeching when they're fully capable of working and supporting themselves. But not all are doing that.

  7. #7

    Default Re: Award of Alimony for Life

    She's also likely to get a portion of his social security, as they were married over 10 years.

    Doggie is right - this is NOT alimony. The court is ordering that she is entitled to a portion of his military retirement benefit (presumably because she was holding down the home front and raising children during his military service, rather than working and contributing to her own retirement). Alimony is generally a SEPARATE payment made monthly to support the ex spouse, and while it CAN be lifetime, it is intended to keep the spouse at the same standard of living until such time as they may be able to provide it for themselves.

    This is figured out on a case by case basis, and is based on the length of the marriage, the level and extent of financial dependency of one spouse on the other, and job prospects and abilities of the spouse seeking support - so there's a huge difference between a fit 26 year old with a college degree (young and educated = likely to be able to support herself) versus a 59 year old who has been a homemaker for 40 years and has arthritis and COPD (unskilled, uneducated, health issues, and not likely to be able, even with effort, to garner employment that would enable a similar standard of living).

    The division of retirement/pension assets is generally seen when only ONE spouse has been the primary bread-winner for some significant portion of the marriage as opposed to BOTH spouses working and amassing a retirement nest egg.

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