To claim alimony in Georgia you need a valid marriage, a genuine separation, and a pending divorce or separate maintenance case, and you have to ask for it.
What the Statute Requires
OCGA 19-6-4(a) allows permanent alimony “[i]n cases of divorce,” “[i]n cases of voluntary separation,” or “[w]here one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.” So the claim has three parts: (1) a marriage the law recognizes, (2) spouses who are actually living apart, and (3) a divorce or separate maintenance action in which the claim is made.
There Must Be a Valid Marriage
In Wright v. Hall, 292 Ga. 457 (2013), a divorce decree ordered the husband to pay alimony, but the wife had never divorced her first husband. The Georgia Supreme Court held that “our statutes do not confer validity on an otherwise void marriage for the purpose of requiring the payment of alimony unrelated to the protection of children,” and reversed.
The marriage also has to still exist. In Thome v. Thome, 218 Ga. 359 (1962), a former wife moved to set aside her divorce for fraud and asked for alimony while the motion was pending. The court held that her right “depends upon her present – not past or future – status of wife,” so nothing could be awarded while the decree stood.
You Have to Ask for It
Alimony is not awarded on the court’s own initiative. In Spruell v. Spruell, 356 Ga. App. 722 (2020), the wife never requested alimony in her counterclaim or at trial, yet the trial court awarded her $30,000. The Court of Appeals reversed, because the husband “had no meaningful opportunity to be heard or prepare a defense to that claim.”
So if you want alimony, plead it. The judge has broad discretion over the amount, but cannot award what nobody asked for.
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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!