How does alimony work in Georgia?

Georgia alimony is governed by O.C.G.A. § 19-6-1 through § 19-6-27 and remains one of the few states where marital fault can completely bar an award.

1. Two Types of Alimony

Periodic alimony — paid in installments over time. Modifiable on a change in circumstances (§ 19-6-19).

Lump sum alimony — a fixed total amount, payable in a single payment or in installments. Not modifiable and survives death.

2. Fault Bar to Alimony — § 19-6-1(b)

A party shall NOT be entitled to alimony if the divorce is granted on grounds of:

Adultery, OR

Desertion.

This is a complete bar — not just a factor. Other forms of misconduct may be considered but do not automatically bar alimony.

3. Statutory Factors — § 19-6-5(a)

In setting amount and duration, the court considers:

Standard of living established during marriage

Duration of marriage

Age and physical/emotional condition of both parties

Financial resources of each party

Time necessary for either party to acquire sufficient education/training

Contribution of each party to the marriage (including services as homemaker, child care)

Condition of the parties (financial resources, separate estates, earning capacity, fixed liabilities)

Such other relevant factors as the court deems equitable and proper

4. Duration

No statutory cap. Awards may be:

Rehabilitative (limited time to allow self-support)

Permanent (until death, remarriage, or cohabitation)

Georgia courts increasingly favor rehabilitative over permanent alimony.

5. Termination & Modification

Periodic alimony terminates automatically on death of either party or remarriage of the recipient (§ 19-6-5).

Cohabitation — under the "live-in lover" statute § 19-6-19(b), a court may modify or terminate periodic alimony on proof that the recipient is voluntarily cohabiting with a third party in a meretricious relationship.

Modification allowed every 2 years for periodic alimony based on changed circumstances.

6. Temporary Alimony — § 19-6-3

During pending divorce, the court may grant temporary alimony based on the parties' condition and needs.

7. Jury Right

Unusually, Georgia allows either party to demand a jury trial on alimony in divorce cases (§ 19-5-1(b)).

This is legal information, not legal advice.