Georgia has no marital status called “legal separation,” but a spouse who wants support without ending the marriage can file an action for separate maintenance.
What the Statute Says
Under OCGA 19-6-10, either spouse may file a petition for support when “spouses are living separately or in a bona fide state of separation and there is no action for divorce pending.” The petition may be brought on that spouse’s own behalf and on behalf of any minor children in that spouse’s custody. The judge may then “grant such order as he might grant were it based on a pending petition for divorce.”
So a separate maintenance case can settle many of the same practical questions a divorce would, without dissolving the marriage.
You Are Still Married
In Southworth v. Southworth, 265 Ga. 671 (1995), the Georgia Supreme Court explained that although 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.” A separate maintenance decree leaves the marriage intact, so neither spouse is free to remarry.
What a Decree Looks Like
For example, in Sigal v. Sigal, 289 Ga. 814 (2011), a wife petitioned for separate maintenance and the trial court entered a decree about six months later. Because the husband had cocaine and alcohol abuse problems, the decree required all of his visitation with the couple’s two children to be supervised and gave the wife the right to insist that he submit to drug and alcohol testing. She filed for divorce nine months after that.
Moreover, filing for separate maintenance now does not give up the right to file for divorce later.
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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!