In some cases of a contested divorce, one spouse may request alimony, but the other spouse may not want to make payments. This would require the court to consider the case and make a ruling, either denying or authorizing those alimony payments.
In other cases, however, both parties may agree as they go through the divorce process. This generally means the court would only need to approve the divorce arrangement, rather than make the decision itself. The couple has already decided how to split their assets, and the court ensures that the agreement complies with state laws.
In some states, the judge doesn’t have much discretion to deny agreed-upon alimony payments. Their role may simply involve determining how much should be paid or the duration of those payments. However, that’s not always the case in Georgia.
Who caused the divorce?
Under Georgia law, the court may consider who was responsible for the divorce. If the person requesting alimony payments is also the one who caused the end of the marriage, a judge in Georgia may have the ability to deny those payments.
For instance, one spouse may request alimony after having an extramarital affair. Since that affair is the reason for the divorce, the judge may decide that the spouse who had the affair should not receive alimony, even if they would otherwise qualify based on income disparities or their projected financial needs.
This is one way Georgia differs from some other states, so it’s very important for those going through a divorce to know what legal steps to take.