§ 19-6-10.Voluntary separation, abandonment, or driving off of spouse — Petition for alimony or child support when no divorce pending — Order and enforcement; equitable remedies; effect of filing for divorce
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2024 · Last verified October 9, 2026
Full Text of § 19-6-10
Plain-English Summary
This is Georgia’s procedure for what is often called separate maintenance. It applies when spouses are living separately or in a bona fide state of separation and no divorce action is pending. Either spouse may file a petition setting out his or her case fully, on the spouse’s own behalf, on behalf of the minor children in that spouse’s custody, and on behalf of any dependent adult child, as defined in § 19-6-15.1, in that spouse’s custody.
On three days’ notice to the other spouse, the judge may hear the petition and may grant any order the judge could grant on a pending divorce petition. That order is enforced the same way a divorce-related order would be, and the judge may add other equitable remedies, such as appointing a receiver. If the case goes to a jury, the jury may return a verdict that provides the factual basis for equitable relief under § 19-6-9. Support for minor children in this setting is figured under the guidelines in § 19-6-15, which by § 19-6-15(q) do not apply to a dependent adult child.
The proceeding steps aside once a divorce takes over. When either spouse files a bona fide divorce petition and the presiding judge has ruled on the motion for alimony in that case, this proceeding is held in abeyance. The divorce court’s order then substitutes for the equitable decree for as long as the divorce petition is pending and has not been finally decided on the merits. Appeals from a judgment under this section follow § 19-6-11. The section was amended in 2024.
Frequently Asked Questions
Can I get alimony and child support in Georgia without filing for divorce?
Yes. Section 19-6-10 lets a spouse who is living separately, or in a bona fide state of separation, file a petition when no divorce is pending. The petition can seek support for the spouse, the minor children in that spouse’s custody, and any dependent adult child in that spouse’s custody. The judge may grant any order that could be granted in a pending divorce, enforced the same way.
How much notice does my spouse get before a separate maintenance hearing in Georgia?
Three days. Under § 19-6-10, after a spouse files a petition for support with no divorce pending, the judge may hear it “upon three days’ notice to the other party.” After that hearing, the judge may grant any order that could be granted on a pending divorce petition, enforced in the same manner, along with equitable remedies such as appointing a receiver.
What happens to a separate maintenance case if a divorce is filed?
It is put on hold once two things happen: either spouse files a bona fide divorce petition, and the judge in the divorce has ruled on the motion for alimony. Under § 19-6-10, the separate maintenance proceeding is then held in abeyance, and the divorce court’s alimony order substitutes for the equitable decree while the divorce is pending and not finally decided on the merits.
Can a jury decide a separate maintenance case in Georgia?
Yes, if the case goes to a jury. Section 19-6-10 says that if the petition proceeds to a hearing before a jury, the jury may render a verdict that provides the factual basis for equitable relief as in § 19-6-9. The court then uses those facts to fashion the support order.
Is child support figured the same way in a separate maintenance case?
Yes. Section 19-6-15(c)(1) says Georgia’s child support guidelines apply as a rebuttable presumption in all legal proceedings involving a parent’s child support responsibility, and must be used whenever the court enters a temporary or permanent child support order. A § 19-6-10 petition seeking support for minor children falls within that rule. Support for a dependent adult child does not: § 19-6-15(q) excludes it from the guidelines.
Amendment History
Laws 1870, p. 413, § 4; Laws 1979, p. 466, § 18; Laws 2024, Act 479, § 2, eff. July 1, 2024.
Formerly Code 1873, § 1747; Code 1882, § 1747; Civil Code 1895, § 2467; Civil Code 1910, § 2986; Code 1933, § 30-213.