Georgia Spousal Support Law Does Not Discriminate Based on Sex

As times and family dynamics change, the assumptions that many people make about the divorce process must evolve as well. In previous decades, men were usually the primary breadwinners in a household, so spousal support proceedings mostly involved women seeking payment from their soon-to-be ex-husbands. Now, many women are the top earners in their family. Georgia law does not favor either sex in alimony matters, so a husband who has relied on his wife’s income has the same ability to pursue financial support from his former partner as his wife would if the tables were turned. 

Currently, a high-profile Georgia divorce includes a husband who is requesting alimony from his wife, and millions of dollars could be on the line. The breakup between hip-hop stars Cardi B and Offset has been tumultuous, in part due to Offset’s claim that much of their marital lifestyle was funded by Cardi B’s substantial income stream. Despite his own successful music career, Offset has apparently asked the court for an order providing him spousal support. 

Offset’s request underscores the fact that spousal support claims can go either way, depending on the specific circumstances at play. Cardi B, for her part, is contesting the claim, bringing attention to Offset’s private businesses and other income-generating endeavors. The courts are left to review financial declarations from both parties to arrive at a reasonable and fair alimony award, if any.

There is no single bright-line test to determine whether spousal support will be granted. When the parties cannot agree to terms, judges review the individual merits of the particular case. Factors that are considered in these decisions include the following:

• The duration of the marriage
• The monetary and non-monetary contributions of each spouse
• The standard of living established during the marriage
• The age, physical condition and earning ability of each spouse

Alimony can be ordered through periodic payments or a lump-sum amount. Don’t fall back on incorrect assumptions about whether a woman can be required to provide spousal support to her ex. An experienced divorce attorney can review the facts in your case and counsel you on what to expect.  

The Law Office of S. Mark Mitchell, LLC advises Georgia clients on a full range of spousal support issues as well as other family law matters. To make an appointment regarding your situation and legal options, please call 470-344-8550 or contact me online. My office is in Newnan.