Legal Question in Family Law in Georgia

Re: alimoney

You would be entitled to alimony based upon any disparity in income. You may also be entitled to attorneys fees on the same basis, but you would likely have to come up with some money to pay an attorney as an initial retainer.

Re: alimoney

*no attorney client relationship created, no legal advice given*

Alimony for some period of time is a definite possibility given the few facts presented. Child support for two children is generally between 23-28% of the gross (pretax) income of the parent who does not have primary custody. Georgia also divides property according to what is fair, not strictly 50/50; if one party was "abusive" and the other was not, I might expect the property division to favor the more innocent spouse. Businesses or a portion of the value of a business may be marital property and subject to equitable division.

Maureen Meadows

(404) 688-6800

Re: alimoney

You would qualify for alimony, which can be negoriated with your husband. If he refuses to pay a jury would be authorized to make an award and there are written criteria for alimony in the Georgia Code, which would be read to the jury hearing the case. The brief facts you recite would make your case for alimony more compelling than most because of your husband's keeping you from working out of the home.

Georgia has equitable distribution of property which is similar in concept to community property laws found in California and some western states. Many states have some form of equitable distribution. You could make claims for a fair part of the home and of the business, after there is a total evaluation of the marital estate. Usually, the husband keeps his business the wife get the home after looking at liabilities and mortgages with some effort to balance the needs of the spouses. If there is cash available you could possibly claim some of it to offset your needs, or the alimony could be adjusted.

The comments above are not intended to be legal advice but merely an attorney's opinion in response to a query. You should only act after you have conferred with and retained an attorney to formally advise you.