It isn’t always easy for divorcing couples to physically separate. Housing costs are high, and financial issues may make maintaining two households impossible for many. Others may want to continue living together, at least for a while, for their children.
How does living under the same roof affect a dependent spouse’s right to alimony? In Georgia, the real question is whether the couple is living in a bona fide state of separation — not whether their addresses are different.
Requirements for living separately under one roof
A dependent spouse can request alimony while the divorce is pending and, in many cases, after. However, neither situation requires them to be living separately.
The law does require that their lives be – for all practical purposes – separate. If they no longer function as a unit, then alimony may be appropriate. Temporary alimony may be requested while a divorce is in process to address immediate financial needs, while permanent or periodic alimony could be awarded after the divorce is over.
Questions may arise about whether or not the separation is legitimate, of course. Facts that make separation “bona fide” include:
- Sleeping in different rooms
- Ending marital intimacy
- Separating personal finances
- Handling daily routines independently
- Clearly communicating that the marriage is over
Sharing the home could influence the court’s decision about how much alimony to award, but it does not make the requesting spouse ineligible. The court may examine each spouse’s income, separate assets and expenses. Each party’s financial circumstances may also be part of the equation when assigning dollar amounts. For example, one spouse might remain in the home but have no access to any marital funds or enough income to cover food, transportation, medical care and other necessities if the other spouse refuses to provide them.
The court may also consider who is paying the mortgage, utilities and household expenses. A spouse already covering most of the household costs might argue that those payments should be considered when determining whether additional support is appropriate.
If you’re approaching a divorce, financial concerns are likely very important. Speaking with an experienced attorney can help you assess the path forward.