2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-5. Factors in Determining Amount of Alimony; Effect of Remarriage on Obligations for Alimony

1. The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
   1. The standard of living established during the marriage;
   2. The duration of the marriage;
   3. The age and the physical and emotional condition of both parties;
   4. The financial resources of each party;
   5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
   6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
   7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
   8. Such other relevant factors as the court deems equitable and proper.
2. All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.

(Laws 1806, Cobb's 1851 Digest, pp. 224, 225; Code 1863, § 1676; Code 1868, § 1719; Code 1873, § 1720; Code 1882, § 1720; Civil Code 1895, § 2435; Civil Code 1910, § 2954; Code 1933, § 30-209; Ga. L. 1966, p. 160, § 1; Ga. L. 1979, p. 466, § 14; Ga. L. 1981, p. 615, § 1; Ga. L. 1982, p. 3, § 19.)

- Ga. L. 1979, p. 466 amended prior law so as to provide that alimony may be assessed against either spouse. Cases decided prior to the 1979 enactment appear to remain valid except insofar as they may imply that a wife only is entitled to receive alimony or a husband only is obligated to pay the same.

- For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005). For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006). For article, "Are We Witnessing the Erosion of Georgia's Separate Property Distinction?," see 13 Ga. St. B.J. 14 (2007). For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007). For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008). For annual survey of law on domestic relations, see 62 Mercer L. Rev. 105 (2010). For article on domestic relations, see 66 Mercer L. Rev. 65 (2014). For note, "The Significance of Stokes v. Stokes: An Examination of Property Rights Upon Divorce in Georgia," see 16 Ga. L. Rev. 695 (1982). For comment, "The Georgia Supreme Court's Creation of an Equitable Interest in Marital Property - Yours? Mine? Ours!," see 34 Mercer L. Rev. 449 (1982).

ANALYSIS

• General Consideration
• Factors to be Considered
• Effect of Remarriage

RESEARCH REFERENCES

Am. Jur. 2d.

- 24A Am. Jur. 2d, Divorce and Separation, §§ 683 et seq., 700.

- 27A C.J.S., Divorce, §§ 345, 353 et seq., 372, 378 et seq., 399, 400.

- Earning capacity or prospective earnings of husband as basis of alimony, 6 A.L.R. 192; 139 A.L.R. 207.

Alimony as affected by remarriage, 30 A.L.R. 79; 64 A.L.R. 1269; 112 A.L.R. 246; 48 A.L.R.2d 270.

Ability or inability to pay alimony as affected by ownership of exempt property or funds, 131 A.L.R. 224.

Propriety of direction that specific property of husband be transferred to wife as alimony, or in lieu of, or in addition to, alimony, 133 A.L.R. 860.

Propriety and effect of anticipatory provision in decree for alimony in respect of remarriage or other change of circumstances, 155 A.L.R. 609.

Change in financial condition or needs of husband or wife as ground for modification of decree for alimony or maintenance, 18 A.L.R.2d 10.

Remarriage of wife as affecting husband's obligation under separation agreement to support her or to make other money payments to her, 48 A.L.R.2d 318; 45 A.L.R.3d 1033.

Construction and effect of clause in divorce decree providing for payment of former wife's future medical expenses, 71 A.L.R.2d 1236.

Propriety of reference in connection with fixing amount of alimony, 85 A.L.R.2d 801.

Excessiveness of amount of money awarded as permanent alimony where divorce is or has been granted, 1 A.L.R.3d 6.

Adequacy of amount of money awarded as permanent alimony where divorce is or has been granted, 1 A.L.R.3d 123.

Spouse's acceptance of payments under alimony or property settlement or child support provisions of divorce judgment as precluding appeal therefrom, 29 A.L.R.3d 1184.

Annulment of later marriage as reviving prior husband's obligations under alimony decree or separation agreement, 45 A.L.R.3d 1033.

Divorce or separation: consideration of tax liability or consequences in determining alimony or property settlement provisions, 51 A.L.R.3d 461.

Effect of remarriage of spouses to each other on permanent alimony provisions in final divorce decree, 52 A.L.R.3d 1334.

Divorce: provision in decree that one party obtain or maintain life insurance for benefit of other party or child, 59 A.L.R.3d 9.

Evaluation of interest in law firm or medical partnership for purposes of division of property in divorce proceedings, 74 A.L.R.3d 621.

Provision in divorce decree requiring husband to pay certain percentage of future salary increases as additional alimony or child support, 75 A.L.R.3d 493.

Propriety in divorce proceedings of awarding rehabilitative alimony, 97 A.L.R.3d 740.

Spouse's professional degree or license as marital property for purposes of alimony, support, or property settlement, 4 A.L.R.4th 1294.

Validity and enforceability of escalation clause in divorce decree relating to alimony and child support, 19 A.L.R.4th 830.

Divorce and separation: appreciation in value of separate property during marriage without contribution by either spouse as separate or communal property, 24 A.L.R.4th 453.

Excessiveness or adequacy of amount of money awarded as permanent alimony following divorce, 28 A.L.R.4th 786.

Spouse's right to discovery of closely held corporation records during divorce proceeding, 38 A.L.R.4th 145.

Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14.

Divorce: excessiveness or adequacy of trial court's property award - modern cases, 56 A.L.R.4th 12.

Divorce and separation: attributing undisclosed income to parent or spouse for purposes of making child or spousal support award, 70 A.L.R.4th 173.

Consideration of obligated spouse's earnings from overtime or "second job" held in addition to regular full-time employment in fixing alimony or child support awards, 17 A.L.R.5th 143.

Divorce and separation: attorney's contingent fee contracts as marital property subject to distribution, 44 A.L.R.5th 671.

Alimony as affected by recipient spouse's remarriage in absence of controlling specific statute, 47 A.L.R.5th 129.

Excessiveness or inadequacy of lump-sum alimony award, 49 A.L.R.5th 441.

Consideration of obligor's personal-injury recovery or settlement in fixing alimony or child support, 59 A.L.R.5th 489.

Effect of same-sex relationship on right to spousal support, 73 A.L.R.5th 599.