A spouse who has been abandoned or driven out of the home can get alimony in Georgia without filing for divorce.
What the Statutes Say
OCGA 19-6-4(a) authorizes permanent alimony “[i]n cases of voluntary separation” and “[w]here one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.” In that situation, OCGA 19-6-9 provides that, absent a written support agreement, “the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party” and of the children in that party’s custody. The procedure is the separate maintenance action under OCGA 19-6-10, which we cover in our separate maintenance posts.
No Waiting Period
Desertion as a ground for divorce must last a year. Abandonment for alimony purposes has no such requirement. In Shivers v. Shivers, 215 Ga. 536 (1959), the wife alleged her husband abandoned her in April 1958, and the case was tried the following January. The judge told the jury that desertion must continue for one year. The Georgia Supreme Court reversed: “Abandonment as a ground for alimony … is not required to continue for a specific period of time.”
Being Driven Off
Leaving because of the other spouse’s conduct counts as being abandoned, but the conduct has to be serious. In Brown v. Brown, 217 Ga. 671 (1962), the court held that “[c]ruel treatment such as would justify a wife in leaving her husband and living in a state of separation from him should be the same kind of cruel treatment that would constitute grounds for a divorce,” and reversed an award where the wife’s only complaint was that her husband once left the house without giving her money for food.
So the spouse who was left, or who was forced to leave, does not have to choose between staying married and being supported.
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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!