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If a woman is the breadwinner by $5-6k, can she demand alimony if she has no children or significant property with me?

Asked over 2 years ago - Atlanta, GA

I am curious about this issue. Right now, my wife any i need counseling, but she is pushing for a house b/c of the market/etc. We have been married a year an i feel that after graduating and working for a year, i am not comfortable with taking that step b/c of job security and the fact that we have had no counselling and our marriage lacks the gel that all marriages need. Quite frankly, i am tired of getting counseling LATE IN THE GAME. My question is that if we separate and get a divorce, will she be entitled to alimony if she makes $5-6k more than me and we have no children, or significant assets. As far as our lifestyle, we only share the rent/bills... i am considering taking a bigger role and paying all of the rent, and majority of the bills if we postpone getting the house.

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Attorney answers (2)

Glen Edward Ashman

Reputation Level 16

Answered over 2 years ago. Divorce / Separation Lawyer in Atlanta, GA.

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Since there is no hard and fast rule of calculation for alimony there is no way to fully answer you.

However most times alimony tends to go to the person who earns less, and it is uncommon in short marriages. Far more divorces occur with no alimony than with alimony in Georgia.

Having said that, the details of a particular case could cause a very different result in a particular case.

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Paula Jeanette Mcgill

Reputation Level 16

Answered over 2 years ago. Contracts / Agreements Lawyer in New York, NY.

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According to Georgia statute 19-6-1

(a) Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.

(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.

(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.

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