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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Should I Receive Spousal Support

    My question involves divorce in the State of: Georgia

    The day after Christmas, 4 1/2 years ago, my husband left, stating he wanted a divorce, we had been married for 7 years. Two weeks later, we got back together. February, we moved into a house w/ kids, (mine from first marriage), resumed our life. However, in April, I discovered he wanted to go through with the divorce to "clean the slate and start over". While I was in no position to argue..earlier in the year, I had quit my very well paying job to stay home w/ kids, per his insistence. Now, I had no job or money. I did find a job soon after, but it was a fraction of the amount I made before. He had landed a fantastic job after years of doing odd jobs, here and there. I told him how ridiculous going thru with the divorce would be, since we had moved forward and seemed to be doing great, he would not listen. We went to the hearing together, the judge and his attorney asked him several times if he understood the proceedings, he said yes. (side note, divorce was uncontested, because, he was not leaving) We move on w/ our lives. His income basically pays the bills, utilities in my name, rent in my name; other debt, loans, car, cell phones, are in his name. He lost his job 8 months ago, due to a buyout..after not working for awhile, then going thru 2 jobs, he landed another great position. He travels. He asked me to re-marry him 4 months after we divorced, however, we just never got to it. We treat each other as if we are not divorced..in fact there are very few people who even are aware of the situation.

    My problem is this - after a few weeks of him traveling - he has decided how unhappy he is, wants us to "see other people", get his debt in order, (I take care of EVERYTHING monetary wise.), move to a city 2 hours away, move my son before his senior year in high school....if I don't move then he will "take all his money and move on".

    Do I have any legal right to spousal support?
    Thanks and I apologize for the length of the message.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Should I Receive Spousal Support

    In Georgia, a spouse may potentially be awarded alimony as long as he or she is not guilty of desertion or adultery. Pursuant to Georgia Code, Sec. 19-5-5, the following factors are also considered when the parties are not able to agree on an amount:
    1. the participation each party had to the marital estate;

    2. the duration of the marriage;

    3. the future earning capacity and financial resources of each party;

    4. the age and medical condition of each party;

    5. the future earning capacity of each party;

    6. the value of each party’s separate property;

    7. the standard of living sustained during the marriage; 8. rehabilitative time one party may need to gain employment.
    Spousal support is awarded on a case-by-case basis.

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