Years spent running the household and raising children count in a Georgia alimony case.
What the Statute Says
OCGA 19-6-5(a)(6) directs the court to consider “[t]he contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.”
Time Out of the Workforce
In Rieffel v. Rieffel, 281 Ga. 891 (2007), the Georgia Supreme Court upheld twelve years of alimony where the trial court had considered “the length of the marriage, Wife’s absence from the labor market while giving birth to and raising six children, and the disadvantages associated with her late arrival into employment outside the home.”
In Moon v. Moon, 237 Ga. 635 (1976), the trial court refused to let the wife testify that her husband had prohibited her from working early in the marriage. The Georgia Supreme Court reversed: “If, to please the husband, the wife devotes her energy and time to the home and family, thereby sacrificing her public earning potential, it seems the jury should be able to take these factors into consideration in awarding alimony to her.”
Building the Other Spouse’s Career
In McCoy v. McCoy, 281 Ga. 604 (2007), the trial court found that “during the marriage husband effectively prevented wife from continuing her education, while husband earned two educational degrees,” and the Georgia Supreme Court held it “correctly considered” that “husband enhanced his ability to increase his income and suppressed wife’s ability to do the same.”
Moreover, in Lowery v. Lowery, 262 Ga. 20 (1992), the court held that a professional degree and license are not property to be divided, but that “the wife’s contributions to the marriage during the time the husband earned his degree and license … may be considered relative to alimony.”
So a spouse who stayed home is not starting from zero.
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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!