§ 19-10-2.Abandonment of dependent pregnant wife; criminal penalties; continuing offense
Chapter 10. Abandonment of Child or Spouse · Last amended 1964 · Last verified October 9, 2026
Full Text of § 19-10-2
Plain-English Summary
This section protects pregnant wives. A wife who is pregnant with her husband’s child is in a “dependent condition” when he doesn’t furnish enough food, clothing or medical treatment to meet her needs, both before the birth and immediately upon it. A husband who willfully and voluntarily abandons his wife while she is pregnant with his child, leaving her in that dependent condition, commits a misdemeanor.
The penalty rises when he leaves Georgia. A husband who willfully and voluntarily abandons his pregnant wife and leaves the jurisdiction of the state commits a felony punishable by not less than one year nor more than three years in prison. As with child abandonment under § 19-10-1, that felony can be reduced to a misdemeanor.
Three more provisions round out the section. A husband hasn’t abandoned his wife willfully and voluntarily unless he has actual knowledge that she is pregnant. The offense is a continuing one, so it goes on as long as the abandonment does. And the wife is a competent witness against her husband in any abandonment case brought under this section. As written, the section speaks only of a husband and wife; it doesn’t reach unmarried partners. Once the child is born, a parent who abandons the child is covered by § 19-10-1. The section dates from 1964 and has not been amended since.
Frequently Asked Questions
Is it illegal to abandon your pregnant wife in Georgia?
Yes. A husband who willfully and voluntarily abandons his wife while she is pregnant with his child, leaving her without enough food, clothing or medical treatment to meet her needs, commits a misdemeanor. If he abandons her and leaves Georgia, the crime is a felony punishable by one to three years in prison, which can be reduced to a misdemeanor.
Does the husband have to know his wife is pregnant to be guilty?
Yes. The section says a husband is not deemed to have abandoned his wife willfully and voluntarily unless he has actual knowledge of her pregnancy. A husband who leaves without knowing she is pregnant isn’t guilty under this section, although other laws, such as the alimony rules in § 19-6-4, may still apply to the separation.
Can a wife testify against her husband in a Georgia abandonment case?
Yes. The section makes the wife a competent witness against her husband in any proceeding brought against him for abandonment under this section. That matters because the wife is often the person with the most direct knowledge of whether he left, whether he knew of the pregnancy, and whether he provided food, clothing or medical treatment.
Does this law apply if we’re not married?
No. The section is written for a husband who abandons his wife while she is pregnant with his child. It doesn’t mention unmarried partners. After the baby is born, though, § 19-10-1 makes it a crime for either parent to willfully abandon a child — including a child born out of wedlock — and leave the child without enough food, clothing or shelter.
What makes abandoning a pregnant wife a felony in Georgia?
Leaving the state. A husband who willfully and voluntarily abandons his wife while she is pregnant with his child and leaves the jurisdiction of Georgia commits a felony, punishable by not less than one year nor more than three years in prison. The felony can be reduced to a misdemeanor. Abandonment without leaving the state, leaving her in a dependent condition, is a misdemeanor.
Amendment History
Laws 1964, p. 224, § 1.
Formerly Code 1933, § 74-9903.