{"id":372695,"date":"2016-09-14T15:12:32","date_gmt":"2016-09-14T20:12:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-alimony-laws.html"},"modified":"2024-06-11T12:17:15","modified_gmt":"2024-06-11T17:17:15","slug":"georgia-alimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-alimony-laws.html","title":{"rendered":"Georgia Alimony Laws"},"content":{"rendered":"\n
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Georgia Alimony Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Under Georgia law, alimony<\/a>, or spousal support, is not guaranteed in a divorce. Alimony is financial support granted to the lower-income spouse until they remarry or become self-supporting. The divorcing parties may agree to alimony payments, but the judge won\u2019t award them automatically. In Georgia, unlike some states, judges may deny an alimony request if the requesting spouse caused the marital breakdown.<\/p>\r\n

Unlike marital property<\/a>, which courts divide equitably during the divorce process<\/a>, a judge bases the amount of alimony on the paying spouse’s ability to pay and the receiving spouse’s need for support. Other factors, such as child support payments, the length of the marriage, and earning capacity, are also involved.<\/p>\r\n

This article presents some of Georgia’s alimony laws and links to the Georgia code sections.<\/p>\r\n

Georgia Alimony Laws<\/b><\/h2>\r\n

Georgia family law courts may order both temporary and permanent alimony. A judge may grant one of four types of alimony, depending on the nature of the marriage and the relief requested.<\/p>\r\n

Temporary alimony<\/b>, or pendente lite<\/a> support, is a short-term award during the divorce process itself. If one spouse needs immediate financial assistance while the divorce is ongoing, and the other spouse can provide it, the judge may award alimony until the divorce is final. Temporary alimony may continue for a brief period of time after the divorce while the recipient spouse gets education or work experience.<\/p>\r\n

Rehabilitative alimony<\/b> is not recognized by Georgia law, but judges may order temporary alimony in a rehabilitative manner. The recipient spouse must have a plan for getting an education or improving their work skills and reentering the job market. Some judges will step down alimony payments as the spouse becomes financially independent.<\/p>\r\n

Permanent alimony<\/b> is awarded in long-term marriages, where a spouse may be older or have poor employment prospects. It ends if the recipient remarries or is otherwise financially secure. Under Georgia law (Georgia Code \u00a7 19-6-6<\/a>), the payor spouse has no liability for the payee spouse’s debt after an award of permanent alimony.<\/p>\r\n

Any award may be periodic or lump-sum payments<\/a>. If the court orders periodic alimony and the payor refuses to pay, the recipient spouse may need to return to court to enforce the order.<\/p>\r\n

Factors Affecting Alimony Awards<\/b><\/h2>\r\n

Georgia courts consider factors for and against awarding alimony in divorce proceedings (Georgia Code \u00a7 19-6-5<\/a>). Unlike many states, judges may consider fault in denying a request for alimony. Other factors the courts consider may include the following:<\/p>\r\n