Temporary alimony is support that a Georgia judge orders one spouse to pay the other while a divorce or alimony case is pending.
What the Statute Says
Under OCGA 19-6-1(a), alimony is “an allowance out of one party’s estate, made for the support of the other party when living separately. It is either temporary or permanent.” OCGA 19-6-3(a) lets “either party” in a pending divorce or permanent alimony action apply for “temporary alimony pending the issuance of a final judgment in the case.” After a hearing, the court awards what “the condition of the parties and the facts of the case may justify,” including “expenses of litigation,” so attorney’s fees are part of it.
What It Is For
In Gordon v. Gordon, 244 Ga. 21 (1979), the Georgia Supreme Court explained that “[t]he purpose of a temporary alimony award is to afford the spouse seeking the award the means to contest all the issues between the parties, including jurisdictional issues.” There the wife was awarded temporary alimony before the court decided whether it had jurisdiction over the husband at all. Likewise, Langley v. Langley, 279 Ga. 374 (2005), describes temporary alimony as “intended to meet the exigencies arising out of the domestic crisis of a pending proceeding for divorce.”
Who Decides It
The judge decides temporary alimony, even in a case headed for a jury. As Aud v. Aud, 199 Ga. 714 (1945), put it: “The grant or refusal of temporary alimony is a question for the court; that of permanent alimony is for the jury to determine.” Either spouse can receive it; Stitt v. Stitt, 243 Ga. 301 (1979), confirmed the courts’ authority “to award temporary alimony including attorney fees to either party.”
The hearing itself is covered in our temporary hearing posts; the posts in this section cover the award, from who qualifies to how it is enforced.
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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!