A judge deciding a separate maintenance case has the same authority over alimony as a judge deciding a divorce.
The Same Power
OCGA 19-6-10 says 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.”
OCGA 19-6-4 confirms the underlying authority. Permanent alimony may be granted “[i]n cases of divorce,” “[i]n cases of voluntary separation,” or “[w]here one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.”
So you do not have to file for divorce to obtain permanent alimony in Georgia.
Why You Separated Still Matters
Having the power is not the same as exercising it in your favor. OCGA 19-6-3 provides that at a hearing on temporary alimony “the merits of the case are not in issue,” but the judge “may inquire into the cause and circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.”
Acree v. Acree, 201 Ga. 359 (1946), shows that inquiry doing real work. A wife sought temporary alimony, alleging her husband had abandoned her without cause. At the hearing, her own testimony established the opposite: she had refused to live with him, and the separation was her doing.
The Georgia Supreme Court reversed the award, holding that where the testimony “establishes without dispute that the wife abandoned the husband without just cause, it is the duty of the court to deny temporary alimony and attorney’s fees.”
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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!