Temporary alimony carries a spouse through the divorce case and permanent alimony follows the final judgment, and Georgia treats them as different awards.
Different Purposes
In Robinson v. Robinson, 287 Ga. 842 (2010), the Georgia Supreme Court said that “temporary and permanent alimony have distinctly different characters and purposes.” The purposes of temporary alimony “continue throughout the contest of the divorce, including appeal.” Only “at the termination of such litigation” do “the purposes of permanent alimony prevail.”
Who Sets Them, and When
Under OCGA 19-6-3(a), temporary alimony is set by the judge on petition at any time while the case is pending. Under OCGA 19-6-5(a), permanent alimony is set by “the finder of fact,” a jury if either side demands one. As Moore v. Moore, 207 Ga. 335 (1950), puts it: “The granting of temporary alimony is a question for the court; the finding or refusal of permanent alimony is for the jury.” The permanent factors are covered in our post on the statutory alimony factors.
How They Change
Under OCGA 19-6-3(d), a temporary order “shall be subject to revision by the court at any time.” A permanent award is revised only in a separate action under OCGA 19-6-19, on “a change in the income and financial status of either former spouse,” which our alimony modification posts cover.
Temporary Payments Are Not a Credit
Paying temporary alimony does not reduce the final award. In Norman v. Ault, 287 Ga. 324 (2010), a husband paid $2,000 a month under a temporary order and argued those payments should count against the jury’s $54,000 lump sum award. The Supreme Court held that he was “not entitled to credit for any pre-trial payments of temporary alimony” while the temporary award remained in effect. What was owed under the temporary order stays owed, as our post on unpaid temporary alimony explains.
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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!