§ 19-3-8.Interspousal tort immunity continued
Chapter 3. Marriage Generally · Article 1. General Provisions · Last amended 1984 · Last verified October 9, 2026
Full Text of § 19-3-8
Plain-English Summary
A tort is a civil wrong — an injury to a person or property that can support a lawsuit for money damages. Interspousal tort immunity is, in general terms, a doctrine that has limited the ability of one spouse to sue the other for torts. This section keeps that immunity alive. It says interspousal tort immunity, as it existed immediately before July 1, 1983, continues to exist on and after that date.
The section is short, and it leaves a lot unsaid. It doesn’t define the immunity, state its scope, or list any exceptions. It freezes the doctrine as it stood on a particular date, so its exact reach depends on Georgia law as it existed then and on how courts have applied it since. Someone thinking about suing a spouse or former spouse for an injury should get legal advice on whether the immunity applies to the facts.
This section concerns lawsuits for damages. Other kinds of cases between spouses have their own statutes: a divorce under Chapter 5, alimony under Chapter 6, and a family violence protective order under Chapter 13, starting with Code Section 19-13-1, which is a request for protection rather than a lawsuit for money damages.
Frequently Asked Questions
Can I sue my spouse for injuries in Georgia?
This section doesn’t answer that alone. It keeps interspousal tort immunity — a doctrine limiting injury suits between spouses — in force as it existed immediately before July 1, 1983. The section doesn’t state the immunity’s scope or exceptions, so whether it bars a particular claim depends on the facts and on how courts apply the doctrine.
What is interspousal tort immunity?
In general terms, it is a doctrine that has limited one spouse’s ability to sue the other for a tort, a civil wrong such as a personal injury. This section doesn’t define it; it says only that the immunity continues on and after July 1, 1983, as it existed immediately before that date.
Why does this section mention July 1, 1983?
It fixes the version of the doctrine that continues. Interspousal tort immunity “as it existed immediately prior to July 1, 1983,” continues to exist on and after that date. So the immunity is preserved in the form it had just before that day, rather than being created anew by the statute.
Does interspousal immunity stop me from getting a protective order?
A family violence protective order is a different kind of case. This section concerns tort immunity — limits on suits for money damages. Protective orders are governed by Chapter 13 of Title 19, starting with Code Section 19-13-1, which defines family violence to include acts between past or present spouses.
Does this section list exceptions to spousal immunity?
No. The section is a single sentence that continues the immunity as it existed before July 1, 1983. It doesn’t describe the doctrine’s limits or exceptions, so you won’t find them in this text. A lawyer can explain how the immunity applies to a specific situation.
Amendment History
Laws 1983, p. 1309, § 1; Laws 1984, p. 22, § 19.
Formerly Code 1863, § 1700; Code 1868, § 1743; Code 1873, § 1753; Code 1882, § 1753; Civil Code 1895, § 2473; Civil Code 1910, § 2992; Code 1933, § 53-501.