Legal Separation in Georgia: How Separate Maintenance Works (2026)

In Georgia, a separated spouse can ask the superior court for alimony and child support without filing for divorce, under O.C.G.A. § 19-6-10. The statute does not use the term "legal separation." The action is commonly called separate maintenance, and the spouses remain married.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers separation without divorce in Georgia under the Official Code of Georgia Annotated (O.C.G.A.), mainly §§ 19-6-1 and 19-6-8 to 19-6-12, with the Georgia Supreme Court decision in Goodman v. Goodman, 253 Ga. 281 (1984). Statute quotations show what those sections provide as compiled in the Georgia Code; the General Assembly can amend them, so check the current code before relying on exact wording. It does not cover inheritance, taxes, health insurance rules, court forms or other states' law. For divorce, see Georgia divorce laws.

Does Georgia have legal separation?

Not under that name in the statute. The Georgia Code section that provides for court-ordered support during a separation, § 19-6-10, does not call its remedy "legal separation."

What Georgia does have is a petition for alimony or child support while the spouses are separated and no divorce is pending, in § 19-6-10. The statute's own words do not use the term "separate maintenance," but the Georgia Supreme Court used that name in Goodman v. Goodman, describing § 19-6-10 as providing "for alimony when spouses are living separately but there is no action for divorce pending." Georgia Legal Aid, a nonprofit, uses the same term: "If you are separated, you can file a case to establish your and your spouse's rights and obligations to each other during the separation. This is called a separate maintenance action, and it must be filed in Superior Court. A legal separation must be granted by a court."

What O.C.G.A. § 19-6-10 provides

The operative text reads:

"When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party's own behalf or on the behalf of the minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the party's custody, if any, may institute a proceeding by petition, setting forth fully the party's case. Upon three days' notice to the other party, the judge may hear the same and 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, such as appointing a receiver and the like."

A 2024 amendment (House Bill 499, effective July 1, 2024) added dependent adult children to this section.

Four points follow from that text:

• Either spouse can file, for themselves or on behalf of the minor children and any dependent adult child (as defined in § 19-6-15.1) in their custody.
• The spouses must be separated, either "living separately" or "in a bona fide state of separation." Georgia Legal Aid notes that "The parties do not have to live in separate homes to be separated."
• No divorce can be pending. If a divorce is filed later, the abeyance rule described below applies.
• Notice is short. The judge may hear the petition on three days' notice to the other spouse.

Who can file, and does fault matter?

Section 19-6-10 conditions the petition on a separation, not on fault grounds; it does not list grounds like the divorce statute does. Fault can still matter for alimony. Section 19-6-1(b) provides: "A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion."

Alimony itself is defined in § 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." For how Georgia courts set alimony amounts, see Georgia alimony laws.

Is there a residency requirement?

Section 19-6-10 does not itself state a residency period. This page does not cover whether another jurisdiction or venue rule applies to a separate maintenance petition; ask the clerk of the superior court or a Georgia lawyer before filing.

The six-month rule many people have heard of is in the divorce chapter: § 19-5-2 provides that no court shall grant a divorce to a person who has not been a bona fide resident of Georgia for six months before filing. The same section lets a nonresident file in the respondent's county against a spouse who has lived in Georgia and that county for six months.

What the court can order in a separate maintenance case

Under § 19-6-10, the judge "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, such as appointing a receiver and the like." The petition can be brought for the spouse or on behalf of the minor children and any dependent adult child (§ 19-6-15.1) in that spouse's custody.

The statute does not list the orders one by one or say "divide marital property." Goodman v. Goodman shows what such orders have looked like in practice. There, the wife filed for separate maintenance and, in a 1980 order, "was awarded as permanent alimony exclusive possession, use, title and ownership of the marital home. She was also awarded as periodic alimony $1,600 per month."

For child support amounts and custody, see Georgia child support laws and Georgia child custody laws.

A judgment in a § 19-6-10 case "shall be appealable on the same terms as are prescribed in divorce cases" (§ 19-6-11).

Separation agreements without a court case

Spouses can also settle support between themselves. Under § 19-6-8, in cases of voluntary separation or where one spouse is abandoned or driven off by the other against that spouse's will, "a party voluntarily, by contract or other written agreement made with his spouse, may make an adequate provision for the support and maintenance of such spouse, consistent with the means of the party and the former circumstances of the spouse. Such an agreement shall be a bar to the right of the spouse to permanent alimony."

Where there is no such agreement, § 19-6-9 lets the court step in: "Absent the making of a voluntary contract or other agreement, as provided in Code Section 19-6-8, and on the application of a party, the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party and such minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the custody of the party."

What happens if one spouse files for divorce later

A separate maintenance case does not block a divorce. Section 19-6-10 provides that the proceeding "shall be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his or her order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits."

Georgia Legal Aid notes that a spouse can respond to a separate maintenance action by asking the court to change it into a divorce action: "If you file a separate maintenance action, your spouse may respond by asking the court to change the action to a divorce action."

What carries over matters. In Goodman v. Goodman, the Georgia Supreme Court held: "We find that only a periodic alimony award is affected by the subsequent award of alimony in a divorce case. Lump sum alimony or property division made in a separate maintenance action becomes part of the separate estate of the party to whom it is awarded."

A divorce needs one of the grounds in § 19-5-3. The most common, that the marriage "is irretrievably broken," cannot be granted "until not less than 30 days from the date of service on the respondent" (§ 19-5-3(13)). See Georgia divorce laws for the full list.

If the spouses get back together

Reconciling can undo the alimony. Section 19-6-12 provides: "The subsequent voluntary cohabitation of spouses, where there has been no total divorce between them, shall annul and set aside all provision made either by deed or decree for permanent alimony; provided, however, that the rights of children under any deed of separation or voluntary provision or decree for alimony shall not be affected by such subsequent voluntary cohabitation of the spouses."

You are still married

A separate maintenance order does not end the marriage. Georgia Legal Aid states: "Unlike divorce, separation through a separate maintenance action does not end a marriage." It adds that the action "may be used if one spouse does not want to deprive the other of financial support, insurance, or pension benefits that the person might lose in a divorce." Whether a particular insurance plan or pension continues depends on its own terms, which this page does not cover.

Because the marriage continues, neither spouse is free to marry someone else: Georgia's marriage statute requires that a person "have no living spouse of a previous undissolved marriage" (§ 19-3-2(a)(3)).

Property keeps its character during the separation. Section 19-3-9 provides: "The separate property of each spouse shall remain the separate property of that spouse, except as provided in Chapters 5 and 6 of this title and except as otherwise provided by law." This page does not cover how a separate maintenance order affects inheritance or a surviving spouse's rights.

Separate maintenance vs. divorce in Georgia

Disclaimer: This article provides general legal information about separate maintenance under the Official Code of Georgia Annotated and Georgia Supreme Court case law, verified on 2026-10-09. It is not legal advice. For advice about a specific separation, consult a lawyer licensed in Georgia or contact the clerk of the superior court where you would file.

Related

• Legal separation laws in every state
• Georgia divorce laws
• Georgia alimony laws
• Georgia child custody laws
• Georgia child support laws

Last updated: 2026-10-09.

Frequently Asked Questions

Is legal separation recognized in Georgia?

Not under that name in the statute. Separated spouses can petition under O.C.G.A. § 19-6-10, an action commonly called separate maintenance, for alimony and child support while staying married. Georgia Legal Aid describes it as a legal separation that must be granted by a court.

What is separate maintenance in Georgia?

It is the common name for a § 19-6-10 petition, used by the Georgia Supreme Court in Goodman v. Goodman (1984). The judge can grant any order available on a pending divorce petition, plus equitable remedies such as a receiver.

Do you have to be living apart to file for separate maintenance in Georgia?

Not necessarily in separate homes. Section 19-6-10 applies when spouses are living separately or in a bona fide state of separation and no divorce action is pending. Georgia Legal Aid notes that the parties do not have to live in separate homes to be separated, but they cannot continue having sexual relations with each other.

Can adultery affect alimony in a Georgia separation?

Yes. Under § 19-6-1(b), a party is not entitled to alimony if a preponderance of the evidence shows the separation was caused by that party's adultery or desertion.

What happens to a separate maintenance order if we divorce later?

The § 19-6-10 case is held in abeyance once a bona fide divorce petition is filed and the judge rules on alimony. Under Goodman v. Goodman, only periodic alimony is affected by the later divorce award; lump sum alimony or property division stays the recipient's separate estate.

What happens if separated spouses in Georgia move back in together?

Under § 19-6-12, later voluntary cohabitation without a total divorce annuls all provision for permanent alimony made by deed or decree, but children's rights are not affected.