A separate maintenance action gets you most of what a divorce decides, without ending the marriage.
The Same Powers, a Different Case
OCGA 19-6-10 gives the judge broad authority. Where spouses are living apart and no divorce is pending, the court “may grant such order as he or she might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity.”
So support, custody, and the use of property can all be addressed. What does not happen is the dissolution of the marriage. You remain married when it is over.
Georgia Treats Them as Distinct Actions
In Southworth v. Southworth, 265 Ga. 671 (1995), the Georgia Supreme Court explained that “[a]lthough an action for separate maintenance and an action for divorce both grow out of the marriage relationship and relate to the same subject matter, they have different purposes and raise different questions.”
That is not merely descriptive. The Court added that “the purposes and questions are so different that the law expressly provides that an action for separate maintenance ‘shall be held in abeyance when a petition for divorce is filed bona fide by either party.’”
Why People Choose It
Separate maintenance suits couples who are not ready to divorce, or who have reasons not to. Religious objections, immigration status, and preserving health insurance or military benefits are common ones.
It also has a cost. Because the marriage continues, neither spouse can remarry, and the arrangement can be undone by simply moving back in together.
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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!