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how long in ga do you have to be married to receive alimony?

we married in 1991 separated...
how long in ga do you have to be married to receive alimony? we married in 1991 separated in 2009 and remarried in sept 2010. Now i want a divorce.
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1/2/2015
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
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Hello
This is Samuel. Thank you for requesting I provide you information in this regard. Generally, if they are married for at least 10 years, permanent alimony can be awarded. There is nothing in law stating 10 years because all the other criteria needs to evaluated.
Below is the GA Code as it pertains to the cafeteria a court will use to evaluate and determine Alimony
§ 19-6-5. Factors in determining amount of alimony; effect of remarriage on obligations for alimony
(a) 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.
(b) 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.
Additionally, one can be awarded Temporary Alimony until the matter is fully resolved.
§ 19-6-3. Temporary alimony; petition and hearing; factors considered; discretion of judge; revision and enforcement of order; effect of failure to comply
(a) Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case. After hearing both parties and the evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify.
(b) In arriving at a decision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused.
(c) At a hearing on the application for temporary alimony, the merits of the case are not in issue; however, the judge, in fixing the amount of alimony, may inquire into the cause and circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.
(d) On application, an order allowing temporary alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt.
(e) A failure to comply with the order allowing temporary alimony shall not deprive a party of the right either to prosecute or to defend the case.
And below is the GA Code on Alimony in general
§ 19-6-1. Alimony defined; when authorized; how determined; lien on estate of party dying prior to order; certain changes in parties' assets prohibited pending determination
(a) Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d) Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.
Please remember, I can only answer what you ask. If you have other questions, or need clarification, please let me know. Otherwise, I would appreciate a positive rating as that is how I get credit for my time and information. Thank you
Ask Your Own Family Law Question
Customer reply replied 3 years ago
very satisfied with response
Hello
Thank you
Please remember, I can only answer what you ask. If you have other questions, or need clarification, please let me know. Otherwise, I would appreciate a positive rating as that is how I get credit for my time and information. Thank you
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
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