§ 19-6-12.Voluntary separation, abandonment, or driving off of spouse — Effect of subsequent cohabitation between spouses on permanent alimony
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-6-12
Plain-English Summary
This section covers reconciliation. When spouses have separated without a total divorce, and one has been provided permanent alimony by deed (a separation agreement) or by decree (such as a separate maintenance order), their later voluntary cohabitation annuls and sets aside every such provision. Getting back together cancels the spousal support arrangement.
Two limits matter. The cohabitation must be voluntary, and the rule applies only where there has been no total divorce. After a final divorce, a former spouse who lives with a new partner is governed by a different rule: § 19-6-19(b) makes that kind of cohabitation a ground to modify periodic alimony, not an automatic cancellation.
The children are protected. The rights of children under any deed of separation, voluntary provision, or decree for alimony are not affected by the spouses’ reconciliation. Support for the children survives even though support for the spouse ends. A separate rule in § 19-6-2 keeps an attorney’s fee award enforceable whether or not the parties reconcile.
Frequently Asked Questions
What happens to separate maintenance if we get back together in Georgia?
It is canceled. Under § 19-6-12, when spouses who have not totally divorced voluntarily live together again, that cohabitation annuls and sets aside all provision made by deed or decree for permanent alimony. The support arrangement for the spouse ends; it does not stay on hold.
Does reconciling cancel child support provisions too?
No. Section 19-6-12 says the rights of children under any deed of separation, voluntary provision, or decree for alimony are not affected by the spouses’ later voluntary cohabitation. Only the provision for the spouse’s permanent alimony is annulled. Whatever a separation agreement or decree provides for the children stays in force after the spouses reconcile.
Does § 19-6-12 apply after a divorce is final?
No. The section applies only where “there has been no total divorce” between the spouses. After a final divorce, if a former spouse receiving periodic alimony lives with a new partner in a meretricious relationship, § 19-6-19(b) makes that a ground to petition to modify the alimony, which is a different process with different rules.
Does moving back in briefly cancel alimony under § 19-6-12?
The statute requires “voluntary cohabitation of spouses” and does not define how long it must last or what it must look like. Whether a particular arrangement counts is a question of fact for the court. The section is clear that the cohabitation must be voluntary.
Do we still owe attorney’s fees ordered in the case if we reconcile?
Yes. A different section, § 19-6-2(a)(2), makes a fee award in an alimony or divorce and alimony case a final judgment as to the amount, enforceable by contempt or writ of fieri facias “whether the parties subsequently reconcile or not.” Reconciliation cancels permanent alimony under § 19-6-12 but not the fee award.
Amendment History
Formerly Code 1863, § 1698; Code 1868, § 1741; Code 1873, § 1751; Code 1882, § 1751; Civil Code 1895, § 2471; Civil Code 1910, § 2990; Code 1933, § 30-217.