Legal Question in Family Law in Georgia

Rights to alimony

A couple have been married for 4 years and the wife has always made about 20k more than the husband (40k/60k). The husband is asking for the divorce and will pay child support for his two kids (27%). The wife (who is HIV positive) is not asking for alimony now, however is demanding that a clause be included in the separation agreement to allow her to later petition the court for alimony. On what grounds, after the couple are divorced, could the wife demand/win alimony when the husband earned less than the wife during the marriage and earns less than her now? What if he equals/exceeds her income? What if he remarries?


Asked on 2/22/00, 12:10 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Rights to alimony

The wife can always ask for alimony in the divorce and then waive her right to collect it until she needs it or enter into an agreement with the husband that she will not try to hold him in contempt for non-payment for some period. If I represented the wife, knowing of her condition, I would not allow her to go through the divorce without asking for alimony, taking our chances on getting it later.

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Answered on 2/25/00, 12:02 am


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