The standard of living the couple established during the marriage is the first factor Georgia law lists for setting alimony.
What the Statute Says
OCGA 19-6-5(a)(1) directs the finder of fact to consider “[t]he standard of living established during the marriage.”
How Courts Have Applied It
In Hogan v. Hogan, 196 Ga. 822 (1943), the Georgia Supreme Court approved a jury charge that alimony “should be awarded as to secure to her the same social standing, the same comforts and luxuries of life, which she probably would have enjoyed but for the enforced separation.” Similarly, in McNally v. McNally, 223 Ga. 246 (1967), an Air Force family case, the court measured the award against “the same social standing, comforts and luxuries of life as they had been enjoying and would have probably continued to enjoy had there been no separation.” Those cases speak of wives because only wives could then receive alimony; the statute now applies to either party.
What Counts as Evidence
The lifestyle is proved through the couple’s actual spending and obligations. In McDonald v. McDonald, 248 Ga. 702 (1982), the trial court kept the wife from testifying about the expenses she paid for the couple’s adult son in college. The Georgia Supreme Court reversed, because that evidence was relevant to her “manner of living.”
By contrast, in Suarez v. Suarez, 257 Ga. 102 (1987), the wife introduced a federal publication with tables estimating the cost of raising a child. The court held the tables were inadmissible hearsay and reversed the award.
So the standard of living is shown with the family’s own numbers: the house, the cars, the schools, the bills that were paid month after month. Even a modest household has a standard of living; the question is what the marriage actually provided, not what the spouse asking for support would like.
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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!