Yes. Georgia’s alimony statutes apply to either spouse, and a husband who needs support can seek it on the same terms as a wife.
Why the Law Changed
Georgia’s alimony statutes once imposed the obligation on husbands only. In Stitt v. Stitt, 243 Ga. 301 (1979), the Georgia Supreme Court held that those statutes “impose alimony obligations on husbands but not wives and violate the Equal Protection Clause of the Fourteenth Amendment,” following the United States Supreme Court’s decision in Orr v. Orr, 440 U.S. 268 (1979). The General Assembly then rewrote the alimony statutes in gender-neutral terms.
What the Statutes Say Now
OCGA 19-6-1(c) provides that alimony “is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay.” Likewise, OCGA 19-6-5(a) says the finder of fact “may grant permanent alimony to either party,” and the factors it lists, from the standard of living to each party’s earning capacity and contributions to the marriage, say nothing about gender.
A Husband’s Claim Is Decided on the Merits
In Klardie v. Klardie, 287 Ga. 499 (2010), the wife had been the primary breadwinner and the husband, who described himself as a stay-at-home parent, asked for alimony. The trial court denied it, finding that his lack of employment was not by agreement with his wife, that he had a college degree and good health, and that he could earn more. On appeal he argued the trial court “thought it was improper for a man to seek alimony.” The Georgia Supreme Court held that the record did not support that claim; the denial rested on the husband’s age, education, and the condition of the parties, the same considerations that apply to anyone.
So the question in a Georgia alimony case is whether one spouse needs support and the other can pay. Which spouse is the husband does not enter into it.
Contact Us
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!