Alimony in Georgia: Types, Factors, and Duration

Alimony in Georgia is governed by OCGA 19-6-1 through 19-6-7 and is one of the most fact-intensive areas of family law. Unlike child support, there is no statutory formula for calculating alimony in Georgia. Instead, courts exercise broad discretion in determining whether alimony is appropriate, what type to award, how much to award, and for how long.

This article explains the types of alimony available in Georgia, the factors courts consider, the adultery bar, and the rules governing modification and termination.

Types of Alimony in Georgia

Georgia courts may award several types of alimony, depending on the circumstances of the case.

Temporary alimony

Temporary alimony (also called pendente lite alimony) is awarded during the divorce proceedings, before the final decree is entered. Its purpose is to maintain the financial status quo while the divorce is pending.

Temporary alimony is based on the requesting spouse’s need and the other spouse’s ability to pay. It automatically terminates when the final divorce decree is entered, at which point the court may award permanent alimony, rehabilitative alimony, or no alimony at all.

Permanent alimony

Permanent alimony is ongoing support paid after the divorce is finalized. Despite the name, permanent alimony is not always truly permanent — it may be modified or terminated based on changed circumstances.

Permanent alimony is most commonly awarded in long-term marriages where one spouse has significantly less earning capacity than the other and is unlikely to become self-supporting. Courts consider the standard of living established during the marriage and whether the receiving spouse can maintain a reasonably comparable standard of living.

Rehabilitative alimony

Rehabilitative alimony is awarded for a limited period to allow the receiving spouse to acquire the education, training, or work experience needed to become self-supporting. This is the most common type of alimony in Georgia.

For example, if one spouse left the workforce during the marriage to raise children, the court may award rehabilitative alimony for two to five years to allow that spouse to complete a degree or reenter the job market.

Rehabilitative alimony has a defined end date or is tied to the completion of a specific goal (such as finishing a degree program).

Factors Courts Consider

Under OCGA 19-6-5(a), the court considers a broad range of factors when determining whether to award alimony and in what amount. While the statute does not provide an exhaustive list, Georgia courts consistently evaluate the following:

1. The standard of living established during the marriage — Courts aim to allow both parties to maintain a reasonably comparable lifestyle, though this is rarely fully achievable for either party post-divorce.

2. The duration of the marriage — Longer marriages are more likely to result in alimony awards, particularly if one spouse sacrificed career development for the family.

3. The age and physical and emotional condition of each party — A spouse with health problems or advanced age may have difficulty becoming self-supporting.

4. The financial resources of each party — This includes income, assets, and the property division in the divorce.

5. The earning capacity of each party — Courts evaluate each spouse’s education, training, work experience, and employment prospects.

6. The time needed for the requesting spouse to acquire education or training — If the requesting spouse needs to develop new skills or credentials, the court considers how long that process will take.

7. Each party’s contribution to the marriage — This includes both financial contributions and non-financial contributions such as homemaking, child-rearing, and supporting the other spouse’s career.

8. The condition of the parties, including their separate estate, earning capacity, and fixed liabilities — The court looks at the whole financial picture.

9. Any other relevant factor the court deems just and equitable.

Because there is no formula, two cases with similar facts can produce different alimony awards depending on the judge’s assessment of these factors. This makes predicting alimony outcomes difficult and underscores the importance of thorough financial documentation and persuasive presentation.

The Adultery Bar

One of the most significant rules in Georgia alimony law is the adultery bar under OCGA 19-6-1(b). This provision states that if the separation between the parties was caused by adultery of one of the parties, no permanent alimony shall be granted to the party who committed adultery.

Key aspects of the adultery bar

• The bar applies only to permanent alimony, not to temporary alimony or equitable division of property
• The adultery must have been the cause of the separation — if the marriage was already broken down before the affair, the bar may not apply
• The burden of proof is on the party alleging adultery
• The standard of proof is a preponderance of the evidence
• Even if adultery is proven, the accused party may argue that the adultery did not cause the separation

The adultery bar creates significant strategic considerations. A spouse who can prove the other spouse’s adultery may be able to eliminate alimony entirely, which can represent a substantial financial advantage. Conversely, a spouse accused of adultery faces the possibility of losing alimony rights regardless of financial need.

No Statutory Formula

Unlike child support, which is calculated using a specific worksheet and guidelines under OCGA 19-6-15, alimony in Georgia is left entirely to judicial discretion. There is no formula, no schedule, and no presumptive amount.

This means that the outcome depends heavily on:

• The specific facts presented to the court
• The quality of the evidence and financial documentation
• The persuasiveness of each party’s arguments
• The individual judge’s interpretation of the statutory factors

In practice, many alimony disputes are resolved through negotiation and settlement rather than trial, partly because the unpredictability of judicial discretion makes both parties motivated to reach a compromise.

Modification of Alimony

Under OCGA 19-6-19, either party may petition the court to modify alimony based on a change in the income and financial status of either party. The party seeking modification bears the burden of proving the changed circumstances.

Common grounds for modification include:

• A substantial increase or decrease in either party’s income
• The paying spouse’s involuntary job loss or disability
• The receiving spouse obtaining employment or substantially increasing their income
• A significant change in either party’s financial obligations

The court has discretion to increase, decrease, or terminate alimony based on the evidence presented. However, some divorce decrees include non-modifiable alimony provisions by agreement of the parties, in which case modification is not available.

Voluntary underemployment

If a paying spouse voluntarily reduces their income to avoid alimony obligations — for example, by quitting a well-paying job or taking a lower-paying position without justification — the court may impute income based on the spouse’s earning capacity. Similarly, if the receiving spouse is voluntarily underemployed and could be earning more, the court may consider their potential income when evaluating modification.

Termination of Alimony

Georgia alimony automatically terminates upon the occurrence of certain events under OCGA 19-6-5(b):

• Death of either party — Alimony ends when either the paying or receiving spouse dies (unless the divorce decree specifically provides otherwise)
• Remarriage of the receiving spouse — If the receiving spouse remarries, alimony terminates automatically
• Voluntary cohabitation — Under OCGA 19-6-19(b), if the receiving spouse voluntarily cohabits with a third party in a meretricious relationship (a relationship resembling marriage), the paying spouse may petition to modify or terminate alimony

Cohabitation

The cohabitation provision has generated considerable litigation. To terminate alimony based on cohabitation, the paying spouse must prove:

• The receiving spouse is living with another person
• The relationship is meretricious in nature (involving a romantic or conjugal relationship, not simply roommates)
• The cohabitation is voluntary

Courts examine factors such as whether the parties share a residence, share expenses, hold themselves out as a couple, and engage in an intimate relationship.

Tax Treatment

Following the Tax Cuts and Jobs Act of 2017, the federal tax treatment of alimony changed for divorce agreements executed after December 31, 2018. For agreements executed after that date:

• Alimony payments are not deductible by the paying spouse
• Alimony payments are not taxable income to the receiving spouse

For agreements executed before January 1, 2019, the old rules apply (deductible to the payor, taxable to the recipient) unless the agreement is modified after that date and specifically adopts the new rules.

This change affects the net cost of alimony and should be factored into settlement negotiations. Because the paying spouse can no longer deduct alimony, the effective cost of each dollar of alimony is higher, which often results in lower negotiated alimony amounts than under the old tax rules.

What to Do Next

Alimony in Georgia is highly fact-specific, and the absence of a statutory formula means that outcomes depend on the strength of the evidence and the court’s exercise of discretion. Whether you are seeking alimony, defending against a claim, or considering modification of an existing order, thorough financial documentation and a clear understanding of the statutory factors are essential.

For a broader overview of alimony principles, see our national guide on how alimony works. If you are interested in the distinction between temporary and permanent alimony, our article on temporary vs. permanent alimony covers that topic.

To discuss your specific alimony situation, schedule a free consultation with a Georgia family law attorney who can assess your case and advise on the likely range of outcomes.