Does No Fault Divorce Law Affect Alimony and Child Support?

If you are preparing to go through a no-fault divorce, you may have questions about no-fault divorce law and what you can expect regarding alimony and child support payments. Simply stated, going through a no-fault divorce will mean you have a greater chance of receiving alimony or child support than if you caused the dissolution of the marriage due to adultery or desertion. A no-fault divorce removes some of the complexities these marital issues can bring to the table during divorce proceedings.

Here’s a breakdown of what no-fault divorce law is and how it impacts alimony and child support:

  • A no-fault divorce is one in which you do not have to prove your spouse did something wrong to cause the divorce because no one is at fault.
  • The primary reason for a no-fault divorce is that you and/or your spouse do not desire to be married anymore.
  • No fault divorce law says you can get a divorce even if your spouse does not want it.
  • To obtain a no-fault divorce, you would claim irreconcilable differences and state there is “no hope of reconciliation” for the marriage.
  • During this process or proceedings of a no-fault divorce, you must live in physical separation from your spouse.

Another thing to keep in mind is that retirement funds, pensions, 401 K plans, IRAs and any type of deferred monetary compensation plans are subject to equitable distribution in the court for the no-fault divorce law. This is true even when the accounts are titled in one spouse’s name. However, it is only the assets acquired during the time of the marriage through the date of the Petition for Dissolution of Marriage that falls under the equitable distribution.

Alimony and Child Support Decisions Are the Same in No-Fault Divorce Law

A no-fault divorce does not mean you forego the opportunity to receive alimony or child support. The courts in Georgia will make a decision on these issues just as they would in divorce cases based on one of the 12 grounds of divorce.

When determining exactly how much alimony to award in a no-fault divorce, courts in Georgia consider the following factors:

  • Both spouses’ individual contributions to the marital assets
  • How many years the couple has been married
  • Each spouse’s financial situation
  • Standard of living each spouse enjoyed during the marriage
  • Age and health of each spouse
  • Value of any property each spouse may possess
  • Each spouse’s ability to earn an income
  • Each spouse’s debt
  • The length of time it will take each party to gain enough education to obtain gainful employment.

Below are the specific factors the Georgia courts consider when calculating child support payments following a no-fault divorce:

  • Residential parent’s monthly gross income.
  • Non-residential parent’s monthly gross income.
  • Number of children under age 18 or still in high school living in either home.
  • Cost of work-related childcare.
  • Cost of health insurance premiums.
  • Pre-existing child support or alimony obligation by either parent.

If you are getting a no-fault divorce and are wondering what no-fault divorce law says about alimony and child support, Reeder Law Firm is here to help walk you through the process step-by-step to give you the professional advice and support you need. To learn more about no-fault divorce law or to get your free, confidential consultation, call Reeder Law firm today at (770) 504-4747.