Georgia Alimony Laws: How Spousal Support Works (2026)

Georgia alimony is entirely discretionary under O.C.G.A. 19-6-1 and 19-6-5. Courts weigh eight statutory factors with no formula, and a spouse whose adultery or desertion caused the separation is barred from receiving any alimony.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Georgia alimony calculator to estimate spousal support and see the factors a Georgia court weighs.

What is alimony in Georgia?

Alimony in Georgia is a financial allowance that one spouse pays to the other after separation or divorce. The Georgia Code defines it as an allowance made out of one party's estate for the support of the other party when the parties are living separately.

The governing statute is O.C.G.A. Title 19, Chapter 6. Two sections are central: O.C.G.A. 19-6-1 controls when alimony is permitted and what conduct bars it, while O.C.G.A. 19-6-5 controls how courts determine the amount and duration.

Georgia law does not require alimony in any case. The statute states alimony "is authorized, but is not required," and courts have wide discretion. Either spouse may request alimony, regardless of gender.

Alimony is separate from a property division. Georgia courts divide marital property under equitable distribution principles, while alimony addresses ongoing financial support needs. The two are analyzed independently, though a court may consider the property settlement when evaluating the need for support.

Who can get alimony, and the fault bar

Under O.C.G.A. 19-6-1, a spouse is not entitled to receive alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that spouse's adultery or desertion.

This is an absolute bar, not a discretionary factor. If the paying spouse proves that the requesting spouse's adultery or desertion caused the separation, the court must deny alimony. It does not matter how long the marriage lasted or how financially dependent the requesting spouse may be.

Two elements must be established for the bar to apply. First, the requesting spouse must have committed adultery or deserted the marriage. Second, and critically, that conduct must have been the cause of the separation. An affair that occurred after the parties had already decided to separate will generally not trigger the bar. If your spouse is raising adultery or desertion, ask a Georgia family lawyer in a free case evaluation whether the conduct actually caused the separation (attorney advertising).

Condonation is a recognized defense to the adultery bar. If the other spouse forgave the affair and the couple resumed marital cohabitation, the adultery may be considered condoned and will not serve as a bar to alimony.

The alimony statute itself does not define desertion. The one-year figure readers often see attached to the word comes from a different statute: the divorce ground at O.C.G.A. 19-5-3(7), which authorizes a total divorce for "willful and continued desertion by either of the parties for the term of one year." Whether that one-year term carries over into the O.C.G.A. 19-6-1(b) alimony bar is a question of case law rather than statutory text, so treat it as unsettled rather than as a fixed element of the alimony statute. What O.C.G.A. 19-6-1 does require is the same causation element that applies to adultery: the desertion must be the cause of the separation rather than a consequence of it.

In all other circumstances, Georgia law permits alimony to be awarded based on need and ability to pay. The fault bar is the threshold question. If the requesting spouse clears it, the court moves on to the eight-factor analysis under O.C.G.A. 19-6-5.

How Georgia courts decide amount and duration

Once a court determines that alimony is not barred, it weighs the eight considerations listed in O.C.G.A. 19-6-5(a) to set the amount and duration. The eighth of those is itself the catch-all, directing courts to weigh "such other relevant factors as the court deems equitable and proper," so there is no separate ninth factor beyond the list. Georgia has no percentage-based formula.

The eight factors are:

1. Standard of living established during the marriage. Courts look at the lifestyle the spouses maintained together, including housing, travel, and spending patterns.

2. Duration of the marriage. Longer marriages are more likely to produce longer or permanent support awards. Short marriages of five years or fewer typically yield brief rehabilitative support, if any.

3. Age and physical and emotional condition of both parties. A spouse who is older, in poor health, or emotionally impaired has limited ability to re-enter the workforce, which weighs toward a larger award.

4. Financial resources of each party. This includes income, savings, investments, retirement accounts, and any separate property each spouse holds.

5. Time necessary to acquire education or training. If the requesting spouse left the workforce to support the family, courts may award support for the period needed to obtain job training or a degree.

6. Each spouse's contributions to the marriage. Non-economic contributions count, including homemaking, childcare, and supporting the other spouse's education or career advancement.

7. Condition of each party, including the separate estate, earning capacity, and fixed liabilities. Courts compare the parties' earning capacity, separate estate, and fixed obligations to evaluate future self-sufficiency.

8. Any other relevant factor. The court has discretion to weigh additional circumstances it finds fair.

Because there is no formula, outcomes vary significantly case by case. A judge could award periodic payments for a set term, lifetime payments in an appropriate case, a lump sum, or no alimony at all. Duration is similarly open-ended.

Georgia courts cannot modify a lump-sum award after entry. Periodic alimony, by contrast, can be revisited when circumstances change substantially.

The types of alimony in Georgia

Georgia recognizes three primary forms of alimony, each serving a different purpose.

Temporary alimony (pendente lite). Under O.C.G.A. 19-6-3, a court may award temporary alimony to maintain the financial status quo while a divorce case is pending. This support ends when the final divorce decree is entered. A temporary award does not bind the court to any particular amount in the final order.

Periodic or permanent alimony. This is the ongoing monthly payment most people associate with alimony. Despite the word "permanent," it does not necessarily last for life. Courts set the duration using the eight-factor analysis. Periodic alimony can be modified or terminated by court order if circumstances change.

Lump-sum alimony. A court may award a single fixed payment or a series of fixed payments totaling a set amount. Lump-sum awards are not modifiable once the order becomes final. They also are not terminated by the recipient's remarriage, unlike periodic alimony.

Parties may also negotiate an alimony settlement as part of a separation agreement. If the agreement is incorporated into the divorce decree, a court will generally enforce its terms.

When alimony ends or changes

Remarriage. Under O.C.G.A. 19-6-5(b), all obligations for permanent periodic alimony terminate automatically upon the remarriage of the recipient spouse. The paying spouse is not required to file a motion to stop payments. Note that lump-sum alimony is not affected by remarriage.

Death. Periodic alimony obligations generally end on the death of either party, unless the decree expressly provides otherwise.

Cohabitation. Under O.C.G.A. 19-6-19(b), voluntary cohabitation of the recipient spouse with a third party in a meretricious relationship is grounds to seek a modification of periodic alimony. The statute defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person." Unlike remarriage, cohabitation does not trigger automatic termination. The paying spouse must file a petition and prove the relationship to the court. If the paying spouse does not prevail, that spouse may be liable for the recipient's reasonable attorney's fees.

Modification based on changed circumstances. Either party may petition to modify periodic alimony under O.C.G.A. 19-6-19(a) when there has been a substantial change in the income or financial status of either party. There is generally a two-year waiting period between modification petitions, but that restriction does not apply to cohabitation-based petitions.

Temporary modification while a revision petition is pending. O.C.G.A. 19-6-19 sets no six-month waiting period. Its only textual timing rules are the two-year gap between successive petitions described above and subsection (c), which lets the court, in its discretion and on motion, temporarily modify a permanent alimony judgment while a revision action is pending final trial. In weighing such a motion the court considers the parties' changed circumstances and the reasonable probability that the petitioner will obtain revision at final trial, and the temporary order stays subject to revision at any time before that trial.

Is alimony taxable, and how it differs from Georgia child support

Federal tax rules for post-2018 agreements. For any divorce or separation agreement executed after December 31, 2018, alimony is not deductible by the paying spouse and is not included in the recipient's gross income. The Internal Revenue Service confirmed this change under the Tax Cuts and Jobs Act. If your agreement was finalized before 2019, the old rules apply: the payer could deduct payments and the recipient reported them as income. Pre-2019 agreements that were subsequently modified with language expressly adopting the post-2018 rules also follow the new treatment.

Georgia income tax. Georgia conforms to federal tax treatment. Alimony paid under a post-2018 agreement is neither deductible by the payer nor taxable to the recipient on the Georgia state return.

How alimony differs from child support. Child support and alimony are distinct obligations with different rules. Alimony is for the support of a former spouse and is governed by the discretionary O.C.G.A. 19-6-5 framework. Georgia child support, by contrast, is calculated under a mandatory income-shares formula set out in O.C.G.A. 19-6-15, which uses both parents' gross incomes and a statutory table to produce a presumptive amount. Child support is never deductible and never taxable income, regardless of when the agreement was signed. You can read more about the formula and guidelines on our Georgia child support laws page.

For a broader view of how other states handle spousal support, see our alimony laws by state guide.

Legal Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Alimony law involves complex factual and legal determinations. Consult a licensed Georgia family law attorney for advice about your specific situation.

Sources

• O.C.G.A. 19-5-3 - Grounds for total divorce, including willful desertion for one year (legis.ga.gov)
• O.C.G.A. 19-6-1 - Alimony defined; when authorized; fault bar (legis.ga.gov)
• O.C.G.A. 19-6-3 - Temporary alimony pendente lite (legis.ga.gov)
• O.C.G.A. 19-6-5 - Factors in determining amount of alimony; effect of remarriage (legis.ga.gov)
• O.C.G.A. 19-6-15 - Child support guidelines (legis.ga.gov)
• O.C.G.A. 19-6-19 - Revision of judgment for permanent alimony; cohabitation provision (legis.ga.gov)
• IRS Topic No. 452 - Alimony and Separate Maintenance (irs.gov)

Last updated: June 1, 2026.

More Georgia Laws

• Georgia Child Custody Laws
• Georgia Child Support Laws
• Georgia Common Law Marriage Laws
• Georgia Divorce Laws

Frequently Asked Questions

Does Georgia always award alimony in a divorce?

No. Georgia alimony is discretionary, not automatic. A court may award it, reduce it, or deny it entirely based on need, ability to pay, and the eight statutory factors under O.C.G.A. 19-6-5. If the requesting spouse's adultery or desertion caused the separation, alimony is barred under O.C.G.A. 19-6-1.

Can I lose my right to alimony because of an affair?

Yes. Under O.C.G.A. 19-6-1, if your spouse proves by a preponderance of the evidence that your adultery caused the separation, you are barred from receiving alimony. The affair must have caused the separation, not merely occurred during the marriage.

How long does alimony last in Georgia?

There is no set formula or default duration. Courts use the eight O.C.G.A. 19-6-5 factors to determine duration. Short marriages typically produce short-term rehabilitative awards, if any. Long marriages may produce extended or permanent periodic support. Periodic alimony always ends automatically on the recipient's remarriage.

Can alimony be modified after the divorce is final?

Periodic alimony can be modified under O.C.G.A. 19-6-19 if there is a substantial change in either party's income or financial status. There is generally a two-year waiting period between petitions, except for petitions based on the recipient's cohabitation with a third party in a meretricious relationship. Lump-sum alimony cannot be modified once the order is final.

Does my ex moving in with someone end my alimony obligation?

Not automatically. Under O.C.G.A. 19-6-19(b), cohabitation in a meretricious relationship is grounds to seek modification, but you must file a petition and prove the relationship meets the statutory definition: continuous, open cohabitation as if married. If you file and do not prevail, you may owe the recipient's attorney's fees.

Is alimony taxable income in Georgia in 2026?

For divorce agreements signed after December 31, 2018, no. Alimony is not deductible for the payer and is not taxable income for the recipient under federal law, and Georgia follows federal treatment. If your agreement was signed before 2019 and not subsequently modified to apply the new rules, the old rules apply: deductible for the payer and taxable for the recipient.

How is alimony different from child support in Georgia?

Alimony supports a former spouse and is entirely discretionary under O.C.G.A. 19-6-5 with no formula. Child support in Georgia uses a mandatory income-shares formula under O.C.G.A. 19-6-15 that produces a presumptive amount based on both parents' gross incomes. Child support is never deductible or taxable regardless of when the order was entered.