Yes. Georgia alimony can be set as a percentage of the paying spouse’s income, by verdict, decree or agreement, so long as the income base is defined well enough to be computed.
Courts Have Upheld It for Decades
In McClure v. McClure, 235 Ga. 119 (1975), a jury awarded the wife “a minimum of twenty percent of the plaintiff’s gross monthly salary and/or wages” until $15,000 had been paid. The Georgia Supreme Court held the verdict was not vague; the provision “is an easily applied formula for determining appellant’s liability.” Likewise, Golden v. Golden, 230 Ga. 867 (1973), held that “[a]n award of alimony or child support based upon a percentage of future income is enforceable.”
By Agreement, Enforced by Contempt
In Kitchin v. Kitchin, 216 Ga. 619 (1961), the spouses agreed that the husband would pay “as alimony an amount equal to one-sixth of his taxable income after deducting therefrom his State and Federal income taxes.” The agreement went into the decree, and in a later contempt action the Supreme Court computed what was due from the tax laws.
Define the Base Carefully
The words you choose decide what counts. In Guntin v. Guntin, 263 Ga. 241 (1993), alimony was based on the husband’s “salary.” When he retired, the Supreme Court held that his retirement benefits were still salary, as “deferred compensation for services rendered,” but that “interest on savings, social security benefits and dividends from stock and money market accounts, though a part of total income, do not constitute salary.” Similarly, “after taxes” means “actual taxes paid.” Paul v. Paul, 235 Ga. 382 (1975).
How High Can It Go?
“[A]n alimony award in the sum of one-half of the husband’s income or less is not, as a matter of law, excessive.” Smith v. Smith, 237 Ga. 499 (1976). Child support is different, because the guidelines require a fixed sum, as our automatic child support adjustments post explains.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!