To get temporary alimony in Georgia you must make a preliminary showing on five points: (1) an apparently valid marriage, (2) a genuine separation, (3) a pending divorce or permanent alimony action, (4) issues still contested between the spouses, and (5) notice and a hearing.
A Marriage
OCGA 19-6-3(a) directs the court to hear evidence “as to the fact of marriage.” In Shepherd v. Shepherd, 231 Ga. 257 (1973), the husband argued the marriage was void because his wife had an undissolved common-law marriage. The Georgia Supreme Court held that “[t]he fact of the marriage of the parties is a matter to be determined in the hearing on temporary alimony,” and affirmed the award because the evidence “did not conclusively show” the marriage was void.
A Real Separation
The spouses must be living apart in good faith. Under OCGA 19-6-3(c) the judge “may inquire into the cause and circumstances of the separation” and “may refuse it altogether.” In Acree v. Acree, 201 Ga. 359 (1946), an award was reversed because the wife’s own testimony showed she left without just cause. Adultery and desertion as bars have their own posts.
A Pending Case
Temporary alimony is not a lawsuit of its own. Chatsworth Lumber Co. v. White, 214 Ga. 798 (1959), states the rule: “temporary alimony, whether for the wife or the children, can be claimed only in connection with a valid suit for divorce or for permanent alimony.”
Contested Issues, and a Hearing
Because the award exists to let you contest the case, there must be something left to contest, and that includes jurisdiction. In Odum v. Odum, 132 Ga. 437 (1909), a wife could be awarded counsel fees as temporary alimony “for the purpose of contesting the issue on the question of jurisdiction.” Finally, OCGA 19-6-3(a) allows the award only “[a]fter hearing both parties and the evidence.” The notice you are owed before that hearing is covered in our temporary hearing posts.
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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!