In Georgia, a temporary alimony order keeps running while the final divorce judgment is on appeal, and the permanent award does not take over until the appeal is finished and the remittitur is filed.
The Rule
In Robinson v. Robinson, 287 Ga. 842 (2010), the temporary order set support at one level and the final decree at another. The husband appealed the decree, and the question was which amount governed in the meantime. The Georgia Supreme Court held that “a temporary award continues in effect until the entry of the remittitur in the trial court,” and only “from that date forward” does the permanent award have effect.
When There Is No Temporary Order
Under OCGA 9-11-62(b), a motion for new trial “shall act as supersedeas unless otherwise ordered by the court,” and the decree itself can be the other order. In Franklin v. Franklin, 294 Ga. 204 (2013), the decree provided that on appeal its provisions “shall constitute a new temporary order (superseding all prior temporary or final relief to the contrary) during the pendency of such appeal.” The Supreme Court held the trial court “retained the authority to hold Wife in contempt” for the support that accrued while her motion for new trial was pending.
No Credit for What You Paid
Paying under the temporary order during the appeal earns no credit against the permanent award. In McDonald v. McDonald, 234 Ga. 37 (1975), the husband claimed “a credit for all payments made by him pursuant to the temporary order while the final judgment of divorce was pending appeal,” and the Supreme Court said, “We do not agree.”
Appealing the Temporary Order Itself
An order granting or refusing temporary alimony is itself appealable only by application. OCGA 5-6-35(a)(2) covers “granting or refusing a divorce or temporary or permanent alimony,” and the standard of review is covered in our post on appealing a temporary order.
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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!