Calculate Alimony Under Georgia Code OCGA §19-6-1
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Reaffirmed that cohabitation modification requires proof of a "meretricious relationship" – living together plus financial interdependence. Payor cannot unilaterally stop payments.
Clarified the "two-year rule" (OCGA §19-6-19): No modification petition within 24 months of prior order unless substantial change in income or health emergency is shown.
Held that voluntary retirement at age 66 was reasonable and justified alimony modification; however, the payor must file a formal petition – retirement alone does not terminate alimony.
Emphasized that adultery remains an absolute bar to alimony for the adulterous spouse if proven as cause of separation.
The "Two-Year Rule": Generally, you cannot file for another modification within 24 months of a previous ruling unless there is a significant emergency (e.g., job loss, disability).
⚠️ Never stop paying without court approval – you risk contempt and back-pay orders.
No. Unlike child support, Georgia law (OCGA §19-6-1) explicitly prohibits a strict mathematical formula. Judges have broad discretion based on need, ability to pay, marriage duration, and 12 statutory factors. Our calculator provides an estimate based on common judicial patterns, not a guaranteed formula.
OCGA §19-6-1(b)
No, not automatically. Under Georgia law (OCGA §19-6-19(b)), cohabitation alone does not terminate alimony. You must file a Petition for Modification and prove a "meretricious relationship" (living together as if married, financial interdependence). Never stop paying without a court order.
Thompson v. Thompson (2024)
Under OCGA §19-6-19, a party generally cannot file another modification request within two years (24 months) of a previous final alimony order, unless there is a substantial, unanticipated change (e.g., job loss, disability, retirement). This prevents repeated court filings.
Under 5 years: Typically no alimony unless exceptional circumstances. 5-20 years: Alimony often lasts 30-50% of marriage duration. 20+ years: May qualify for permanent alimony, subject to modification.
For divorces after Dec. 31, 2018: Alimony is NOT deductible for the payor and NOT taxable to the recipient (federal and Georgia). Pre-2019 agreements generally follow old rules unless modified.
Tax Cuts and Jobs Act of 2017
Yes. Proven adultery that caused the separation is an absolute bar to alimony for the adulterous spouse. Other fault grounds (cruelty, desertion) may be considered but are not automatic bars.
OCGA §19-6-1(b); Freeman v. Freeman (2024)