§ 19-6-19.Revision of judgment for permanent alimony generally — Petition and hearing; cohabitation with third party as ground for revision; attorney’s fees; temporary modification

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2007 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-19 lets either former spouse ask a Georgia court to raise or lower periodic permanent alimony because of changed income and finances or the recipient’s cohabitation, and covers the two-year wait, temporary changes and attorney’s fees.

Full Text of § 19-6-19

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(a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. A petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of either former spouse if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status of either former spouse.

(b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word “cohabitation” means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the action.

(c) When an action for revision of a judgment for permanent alimony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial.

(d) In proceedings for the modification of alimony for the support of a spouse pursuant to the provisions of this Code section, the court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require.

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Plain-English Summary

This is Georgia’s main statute for modifying alimony. It applies to judgments for permanent alimony for the support of a spouse entered on or after July 1, 1977. (Older judgments fall under § 19-6-18; child support has its own modification rules in § 19-6-15.) Either former spouse may petition by showing a change in the income and financial status of either former spouse. The petition follows divorce procedure. Neither former spouse may file another petition under subsection (a) within two years from the date of the final order on that spouse’s previous petition. After hearing both sides, the jury, or the judge if neither party demands a jury, may revise the award if the change is satisfactorily proved, and evidence of both spouses’ finances may come in.

Subsection (b) adds a second ground. After a divorce awarding periodic alimony, the recipient’s voluntary cohabitation with a third party in a meretricious relationship is also grounds to modify periodic permanent alimony. “Cohabitation” means living together continuously and openly in such a relationship with another person, regardless of that person’s sex. A petitioner who seeks modification on this ground and loses shall be liable for the respondent’s reasonable attorney’s fees.

While a petition is pending, the court may, on motion and in its discretion, temporarily modify the judgment until the final trial. In deciding, the court shall consider evidence of changed circumstances and the reasonable probability the petitioner will win revision at trial, and it may revise the temporary order at any time before trial. Finally, the court may award attorneys’ fees, costs and expenses of litigation to the prevailing party as the interests of justice require.

Neighboring sections fill in the rest: § 19-6-20 limits the trial to whether there has been a substantial change, § 19-6-21 confines the remedy to periodic payments, and § 19-6-22 lets the court make a paying spouse who files cover the other spouse’s defense costs.

Frequently Asked Questions

Can I get my alimony reduced in Georgia if my income drops?

You can ask. Either former spouse may petition to revise permanent alimony by showing a change in the income and financial status of either former spouse. If the change is satisfactorily proved, the jury, or the judge if no jury is demanded, may revise the award up or down. The outcome depends on the evidence and the factfinder’s judgment.

Does living with a new partner end alimony in Georgia?

Not automatically, but it can be grounds to modify. The former spouse’s voluntary cohabitation with a third party in a meretricious relationship, meaning living together continuously and openly, regardless of the other person’s sex, is grounds to modify periodic permanent alimony. The court decides whether the facts prove cohabitation and what change, if any, to make.

What happens if I file for alimony modification based on cohabitation and lose?

You shall be liable for the reasonable attorney’s fees the other side incurred defending the action. That rule is mandatory under subsection (b) when the petitioner doesn’t prevail on the cohabitation ground, so it’s worth weighing the evidence before filing.

How often can you modify alimony in Georgia?

Neither former spouse may file a new petition under subsection (a) within two years from the date of the final order on that same spouse’s previous petition. The clock runs from the final order, not from the filing date, and each spouse has a separate clock.

Can alimony be changed temporarily while a modification case is pending?

Yes, in the court’s discretion. On motion, the court may temporarily modify the judgment until final trial. It shall consider evidence of any changed circumstances and the reasonable probability the petitioner will win revision at trial, and it may revise that temporary order at any time before trial.

Amendment History

Laws 1955, p. 630, § 1; Laws 1964, p. 713, § 1; Laws 1977, p. 1253, § 1; Laws 1979, p. 466, § 23; Laws 1984, p. 606, §§ 1, 2; Laws 1985, p. 279, § 1; Laws 1986, p. 1259, § 1; Laws 1993, p. 1091, § 1; Laws 2005, Act 52, § 6, eff. Jan. 1, 2007.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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