Yes. A Georgia court can order temporary alimony while an annulment case is pending, even though it cannot order permanent alimony at the end of one.
The Rule
In McKinney v. McKinney, 242 Ga. 607 (1978), the Georgia Supreme Court put it directly: “a wife defending an action for annulment may be awarded temporary alimony and attorney fees.”
The reason is practical. The whole question in an annulment is whether a valid marriage exists. A spouse who says it does should not lose that argument simply because they cannot afford to make it while the case is being decided.
Where the Rule Comes From
Jones v. Jones, 200 Ga. 571 (1946), is the case behind it. A husband petitioned to annul his marriage on the ground that he had been under the legal age when the ceremony took place. His wife answered that they had continued to live together after he came of age, which would have ratified the marriage, and she asked for temporary alimony and attorney fees.
The trial judge awarded them. The Georgia Supreme Court affirmed, holding that her testimony “raised a question of fact as to whether or not there had been a ratification of the marriage” and that the court did not err in awarding temporary alimony “pending the trial of this issue before a jury.”
What This Means for You
Temporary alimony here is support during the case, not a share of anything at the end of it. The award depends on the marriage still being genuinely in dispute.
If you have been served with an annulment petition and believe you are validly married, ask for temporary support and fees early. Waiting until the validity question has been decided is waiting until the basis for the request is gone.
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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!