- Unlike child support, most states do not have a formula to determine alimony (spousal support/maintenance).
- Most states utilize one of three factors: Marital fault relevant, standard of living, Status as Custodial Parent considered.
- There has been a concerted effort in several states (Massachusetts, Florida) to eliminate alimony.
- In Georgia, alimony is defined in O.C.G.A. § 19-6-1. Essentially, it is up to the discretion of the Court.
- Starting in 2018, alimony is no longer deductible for federal income tax purposes
- There is no data about the frequency and/or conditions in which alimony is awarded in Georgia. We believe the lack of information is intentional, as it requires people to seek legal counsel in circumstances that they would not otherwise consider.
- Since most states subscribe to the idea that children are entitled to maintain the lifestyle they enjoyed prior to the divorce and mothers get custody about 80% of the time, child support already includes spousal support.
- At a minimum, Courts should be required to document their findings as to why alimony is warranted.
- Courts should be required to make public information about alimony(including judge, alimony amount and for how long, etc.). Transparency is often the best disinfectant for fairness and equality.