In Georgia, the term "alimony" is generally associated by the public with child support, but legislation also provides for spousal (including ex-spouse) support obligations. This is a legal mechanism that obliges one spouse to financially assist the other during the marriage or for a certain period after divorce. Unlike child support, which is almost automatic, spousal support depends on strictly defined statutory prerequisites. The core principle is based on solidarity and the obligation to assist when one spouse is incapacitated or in material need.
Claims for spousal alimony often become subjects of complex disputes because the plaintiff must prove not only their need but also the other party's solvency. Involvement of a qualified lawyer in such cases is essential to correctly assess the prospect of the claim and present appropriate evidence in court. Legal.ge helps you find specialists who understand these specific nuances of family law.
What Does Spousal Alimony Service Cover?
This service covers the process of claiming alimony for the benefit of a spouse (not just a child):
- Eligibility Assessment: Determining whether the client meets the statutory criteria (incapacity for work, pregnancy, childcare) to receive alimony.
- Filing a Claim: Submitting a lawsuit against a spouse or ex-spouse demanding maintenance.
- Negotiation: Reaching an agreement on financial support during the divorce process, which can be a lump-sum compensation or periodic payments.
- Protection of Disabled Spouse: Special support for persons who became disabled during the marriage and require constant care.
- Defense Against Baseless Claims: Defending the respondent if an ex-spouse unjustifiably claims alimony when they are capable of supporting themselves.
Common Real-World Scenarios
The obligation of spousal support arises in specific scenarios:
The first scenario is pregnancy and childcare. By law, a spouse (even an ex) has the right to claim alimony during pregnancy and for 3 years after the child's birth if they are caring for the child and lack sufficient income.
The second case is incapacity to work. If a spouse became incapacitated during the marriage or within 1 year after the divorce, they can claim support from the ex-spouse if the latter has the appropriate means.
The third scenario is caring for a disabled child. A spouse who cares for a common disabled child and cannot work due to this is entitled to claim maintenance.
The fourth situation is long-term marriage. In rare cases, the court may consider the duration of the marriage and the spouse's age (retirement age), although Georgian practice is stricter in this regard than European practice.
Georgian Legal Framework and Regulations
Spousal support issues are regulated by the Civil Code of Georgia:
- Civil Code (Articles 1182-1186): Establishes the obligation of mutual support between spouses. Article 1182 specifically states that an incapacitated spouse in need of material aid has the right to receive support.
- Article 1185: Defines the terms of alimony payment and conditions under which the court may exempt a spouse from payment (e.g., short marriage or unworthy conduct).
- Judicial Practice: Supreme Court interpretations are important for clarifying the concept of "need for material assistance."
Process and Stages
The process begins with a medical and financial check of the client's condition. The lawyer collects certificates of incapacity, lack of income, and the respondent's property status. The lawsuit is filed in court. The judge evaluates two factors: the plaintiff's need and the respondent's ability to pay. Unlike child support, the court has broad discretion here to refuse the claim if it deems that the spouse can support themselves or the marriage was very short.
Why Legal.ge?
Spousal Support is a less common practice in Georgia, and many are unaware of this right. Legal.ge allows you to connect with lawyers who know how to use these articles of law in your favor. We will help you obtain fair financial support during a difficult life stage.
Updated: ...