Georgia Alimony Laws

Under Georgia law, alimony, 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’t award them automatically. In Georgia, unlike some states, judges may deny an alimony request if the requesting spouse caused the marital breakdown.

Unlike marital property, which courts divide equitably during the divorce process, 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.

This article presents some of Georgia's alimony laws and links to the Georgia code sections.

Georgia Alimony Laws

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.

Temporary alimony, or pendente lite 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.

Rehabilitative alimony 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.

Permanent alimony 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 § 19-6-6), the payor spouse has no liability for the payee spouse's debt after an award of permanent alimony.

Any award may be periodic or lump-sum payments. 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.

Factors Affecting Alimony Awards

Georgia courts consider factors for and against awarding alimony in divorce proceedings (Georgia Code § 19-6-5). Unlike many states, judges may consider fault in denying a request for alimony. Other factors the courts consider may include the following:

• Standard of living during the marriage
• Duration of the marriage
• Age and health of the parties
• Financial resources of each party after property division
• Amount of time needed for a party to acquire education or job training to find appropriate employment
• Contributions of each party to the marriage, such as homemaking, support of the other spouse during education or career development, child care, etc.
• The parties' current earning capacity, financial need, responsibilities to minor children, etc.

Negative Factors Affecting Alimony

Under Georgia law (§ 19-6-1), a party may not receive alimony if a preponderance of evidence shows they were responsible for the dissolution of the marriage due to adultery or desertion.

Judges may grant permanent alimony if one spouse abandoned or "drove out" the requesting spouse. Although Georgia's laws don’t mention domestic violence, evidence of abuse can lead to a larger support award, particularly if the abuse involved the children.

Alimony ends upon the remarriage or cohabitation of the recipient spouse.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Georgia Alimony Laws: Related Resources

• Georgia Divorce Laws
• Georgia Child Support Guidelines
• Are You Entitled to Alimony?
• Alimony and Taxes
• Alimony Guidelines: What Records To Keep

Speak With a Georgia Divorce Attorney

Facing divorce is unnerving. You should learn as much as possible about the process, including the rules about alimony and spousal support. If it looks like divorce is in your future, contact a Georgia divorce attorney today.