Alimony—also called spousal support—is one of the most misunderstood parts of a Georgia divorce. It is not automatic, it comes in several forms, and a spouse’s conduct can even bar it entirely. If you are facing divorce in Carrollton or West Georgia and wondering whether alimony applies to your situation, here is what Georgia law actually says.
For guidance on your divorce and support questions, call Met Lane & Associates, P.C. at 770-834-4107, or visit our family law page.
Is Alimony Automatic in Georgia?
No. Unlike child support, which follows a formula, alimony is never guaranteed. A judge decides whether to award it at all—and if so, how much and for how long—based on the specific circumstances of the marriage. Many Georgia divorces involve no alimony at all.
Types of Alimony
Georgia recognizes several forms of spousal support:
- •Temporary (pendente lite) alimony supports a spouse during the divorce process itself.
- •Rehabilitative alimony is paid for a set period while the recipient gains the education, training, or work experience needed to become self-supporting.
- •Permanent (periodic) alimony is ongoing support, more common after long marriages or where a spouse cannot become self-sufficient.
- •Lump-sum alimony is a fixed, one-time amount (or set total) that is not subject to later modification.
Factors Georgia Courts Consider
Under O.C.G.A. § 19-6-5, a judge weighs factors such as the length of the marriage, the standard of living during the marriage, each spouse’s age and physical and emotional condition, financial resources and separate property, earning capacity, the time needed to acquire education or job skills, and contributions to the marriage—including homemaking and child-rearing.
The Adultery and Desertion Bar
Georgia is unusual in that conduct can completely bar alimony. Under O.C.G.A. § 19-6-1, a spouse is not entitled to alimony if it is shown that the separation was caused by that spouse’s adultery or desertion. This is an absolute bar, not just a factor. There are nuances—for example, an affair that began after the couple had already decided to separate generally will not trigger the bar—so the facts and timing matter.
Can Alimony Be Changed Later?
Periodic alimony can be modified under O.C.G.A. § 19-6-19 when either party shows a substantial change in financial circumstances, such as a job loss, a significant change in income, or a major health change. Lump-sum alimony, by contrast, generally cannot be modified once it is ordered.
Frequently Asked Questions
Is alimony required in every Georgia divorce?
No. Alimony is discretionary, and many divorces include none. A judge decides whether it is appropriate based on the circumstances.
Can adultery affect alimony in Georgia?
Yes. If a spouse’s adultery or desertion caused the separation, that spouse can be barred from receiving alimony under O.C.G.A. § 19-6-1.
Can an alimony award be changed?
Periodic alimony can be modified after a substantial change in financial circumstances. Lump-sum alimony generally cannot be modified.
Questions About Alimony? Get a Free Consultation
Whether you may pay or receive support, the details of your case matter. Met Lane & Associates can review your situation and protect your interests—call 770-834-4107 or visit 619 Newnan St, Carrollton, GA 30117. You may also want to read our guide on how divorce works in Georgia.