Tuesday, October 20, 2009

Divorce and Temporary Alimony

Let's talk about money today! More specifically, let's discuss temporary alimony. Most people think of alimony as spousal support which begins following the divorce. But did you know that, at least under Georgia law, (O.C.G.A. 19-6-3), either party to a divorce may also apply for temporary alimony while the divorce action is pending. If you seek temporary alimony from "Sluggo," the judge will consider the "peculiar necessities" of each party and whether the petitioner has sufficient independent funds to get by. In other words, if you are as wealthy as Oprah or Martha Stewart, you are less likely to get temporary alimony!

At the hearing on the application for temporary alimony, a Georgia judge will not get into the merits of the divorce case, but he or she may inquire into the cause and circumstances of the separation rendering alimony necessary. So, if you ran off to gamble and lost your shirt in Las Vegas, you would probably have a weak argument for temporary alimony.

You should also know that, generally speaking, Georgia law gives a trial judge a lot of discretion in deciding whether or not to grant temporary alimony, (and how much). So, if you are like most people, you probably need it, and you should therefore be sure to discuss it with your divorce attorney.

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