§ 19-6-1.Alimony defined; when authorized; how determined; lien on estate of party dying prior to order; certain changes in parties’ assets prohibited
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-1
Plain-English Summary
This is Georgia’s foundational alimony statute. It defines alimony as an allowance out of one party’s estate for the support of the other party while they live apart, and it recognizes two kinds: temporary, which covers the time a case is pending, and permanent, which comes with the final judgment. Either spouse may receive alimony; the statute speaks of “either party,” not of husbands or wives.
Subsection (b) sets the one firm bar. A spouse is not entitled to alimony if a preponderance of the evidence shows that the separation was caused by that spouse’s own adultery or desertion. The focus is the cause of the separation, not misconduct in general. To decide that question, the court must hear evidence of the factual cause of the separation in every case where alimony is sought — even when a divorce is also sought, and no matter what ground the divorce rests on. A no-fault divorce does not keep that evidence out.
In every other case, subsection (c) says alimony is authorized but not required. The court weighs the needs of the spouse asking for support against the other spouse’s ability to pay, and it must consider evidence of how each spouse treated the other. The factors for setting the amount of permanent alimony appear in § 19-6-5, and temporary alimony is handled under § 19-6-3.
Two protections round out the section. If either spouse dies before the court rules on alimony, the survivor’s alimony rights survive and become a lien on the deceased spouse’s estate. And until the court finally decides who is entitled to alimony, neither spouse may make any substantial change in the assets of his or her estate, except in the course of ordinary business affairs or through bona fide transfers for value.
Frequently Asked Questions
Can I get alimony in Georgia if I cheated on my spouse?
Not if your adultery caused the separation. Under § 19-6-1(b), a spouse is not entitled to alimony when a preponderance of the evidence — meaning it is more likely than not — shows that the separation was caused by that spouse’s adultery or desertion. The bar turns on what caused the breakup. If the other side cannot prove that link, the bar does not apply, though the court still must consider each spouse’s conduct toward the other when deciding whether to award alimony.
Does my spouse’s affair matter if we file for a no-fault divorce in Georgia?
Yes, for alimony. Section 19-6-1(b) requires the court to receive evidence of the factual cause of the separation in every case where alimony is sought, regardless of the grounds on which the divorce is sought or granted. So a spouse can raise adultery or desertion on the alimony question even if the divorce itself rests on the ground that the marriage is irretrievably broken. Subsection (c) also tells the court to consider each spouse’s conduct toward the other.
Is alimony automatic in a Georgia divorce?
No. Outside the adultery and desertion bar, § 19-6-1(c) says alimony is authorized but not required. The court decides whether to award it based on the needs of the spouse asking for support and the other spouse’s ability to pay, and it must consider how each spouse treated the other. If the court does award permanent alimony, § 19-6-5 lists the factors that shape the amount. The outcome rests in the judge’s or jury’s discretion.
What happens to my alimony claim if my spouse dies before the judge rules?
The claim survives. Under § 19-6-1(d), if either spouse dies before the court’s order on alimony, the other spouse’s alimony rights survive and become a lien on the deceased spouse’s estate. That means the claim can be pursued against the estate rather than disappearing with the death. A separate rule, § 19-6-7, covers what happens when the paying spouse dies after permanent alimony has already been granted.
Can my spouse sell property or move money while our alimony case is pending in Georgia?
Not in any substantial way. Section 19-6-1(e) says that until the court finally decides either spouse’s right to alimony, neither spouse may make any substantial change in the assets of his or her estate. There are two exceptions: changes made in the course of ordinary business affairs, and bona fide transfers for value. Running a business as usual fits the first exception; giving substantial property away, which is not a transfer for value, fits neither.
Amendment History
Laws 1977, p. 1253, § 4; Laws 1979, p. 466, § 6.
Formerly Code 1863, § 1688; Code 1868, § 1731; Code 1873, § 1736; Code 1882, § 1736; Civil Code 1895, § 2456; Civil Code 1910, § 2975; Code 1933, § 30-201.