22.250 Types of Alimony Awards; Method of Payment | Pdf Doc Docx | Georgia_JI

 Divorce and Alimony 
22.250 Types of Alimony Awards; Method of Payment | Pdf Doc Docx | Georgia_JI

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22.250 Types of Alimony Awards; Method of Payment

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22.250 Types of Alimony Awards; Method of Payment If you decide to make an award of alimony in this case, you should bear in mind that the law permits alimony to be awarded in several different ways: a. You may make a lump sum cash award to be paid out of the estate or assets of the other spouse, and you may require that such lump sum be paid in one payment or for a specific period of time as you may determine. If you find the evidence warrants the payment of a lump sum of alimony in periodic installments, you should bear in mind that this award is considered a property award and will not terminate upon the death of either party and that such payments will be payable to or by the estate of a deceased party. b. You may make an award of alimony in kind, which means an award of designated property, including personal property and real estate, or an award of a designated interest in real or personal property. "Property" as used here includes not only personal property (such as automobiles, household furnishings, insurance policies) but also real property (such as ownership of an interest in land), which the evidence may have shown to have been owned by the parties. The property may be sold and may be divided in whatever manner you decide, if justified by the evidence. c. You may make an award of periodic alimony payments to be paid in the future; for instance, weekly, monthly, or quarterly payments. This award of periodic alimony payments will terminate upon the death of either party and is not chargeable to the estate of a deceased party. You should bear in mind that all obligations for permanent alimony, however created, the time for performance of which has not arrived, shall end upon the remarriage of the party to whom the obligations are owed unless otherwise provided. However, awards of "lump sum" alimony to a spouse or a "property settlement," even though payable in installments, will not end upon the spouse's remarriage. O.C.G.A. §19-6-5(b) You may make an award of alimony by using any one of these three methods or by combining any two of these three methods or by using all three of these methods, if you find the evidence justifies doing so. (The following should be used if the charge on equitable division of property has been given.) Any award you make for alimony should take into consideration whether such award is in place of or in addition to an award of equitable division of property.

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