A Georgia judge can raise, lower or end temporary alimony at any point before the case is finally decided, and does not have to wait for a change in circumstances to do it.
What the Statute Says
Under OCGA 19-6-3(d), “an order allowing temporary alimony shall be subject to revision by the court at any time.” As Harbuck v. Harbuck, 210 Ga. 220 (1953), explains, the hearing “is only a preliminary investigation, and the order granting such alimony is merely interlocutory, subject to review or modification at any time.” A permanent award is different; it is revised only under OCGA 19-6-19, which our alimony modification posts cover.
No Change in Circumstances Is Required
In Fried v. Fried, 210 Ga. 457 (1954), the Georgia Supreme Court held that the power to revise a temporary award “does not depend solely upon a change of conditions subsequent to the grant of the previous order,” and Childs v. Childs, 203 Ga. 9 (1947), confirms that a payer who “becomes unable to meet the payments” may apply for a reduction.
But Evidence Is
Fried also holds that “in all cases the trial judge’s order setting aside a prior award of temporary alimony must be based upon evidence.” There, cutting off the wife’s temporary alimony entirely while her motion for new trial was pending was an abuse of discretion.
Similarly, in Swinson v. Swinson, 210 Ga. 110 (1953), the husband’s petition alleged only that the wife and her family had tried to pick quarrels with him since the award, with no claim of changed conditions, inability to pay, cohabitation or adultery, and the modification was reversed.
Even After the Verdict
The power lasts as long as the case does. Shepherd v. Shepherd, 233 Ga. 228 (1974), held that a temporary award “may be revised in the discretion of the trial court at any time prior to final determination of the case,” even while the final judgment is on appeal.
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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!