§ 19-6-2.Attorney’s fees; when and how granted; enforcement
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1985 · Last verified October 9, 2026
Full Text of § 19-6-2
Plain-English Summary
This section governs attorney’s fees awarded as part of the expenses of litigation in three kinds of cases: actions for alimony, actions for divorce and alimony, and contempt proceedings arising out of either. The contempt category expressly reaches disputes over property division, child custody, and visitation rights. A fee award can come at any time while the case is pending, and subsection (b) makes clear that fees may be awarded at both the temporary hearing and the final hearing.
The decision rests in the court’s sound discretion, with one requirement: the court must consider the financial circumstances of both spouses when deciding how much, if anything, to award against either of them. The statute names no other mandatory factor and sets no formula.
Once made, an award is a final judgment as to the amount granted, whether it covers the whole fee or is paid on account. It can be enforced by attachment for contempt or by a writ of fieri facias — a writ of execution against the paying spouse’s property — and it stays enforceable even if the spouses later reconcile. Under subsection (c), the attorney who received the award may sue in his or her own name to collect it. Separate fee rules apply to alimony modification cases under § 19-6-19 and child support modification under § 19-6-15(k).
Frequently Asked Questions
Can I make my spouse pay my divorce lawyer in Georgia?
The court can order it, but it is not required to. Under § 19-6-2, an award of attorney’s fees in an alimony or divorce and alimony case lies within the court’s sound discretion. The court must consider the financial circumstances of both spouses in deciding the amount, if any, to allow against either one. Fees can be awarded at the temporary hearing, at the final hearing, or both, so a spouse with fewer resources may ask early in the case.
What does a Georgia judge consider when awarding attorney’s fees in a divorce?
The financial circumstances of both spouses. Section 19-6-2(a)(1) makes that consideration mandatory when the court decides the amount of fees, if any, to allow against either party. Beyond that, the award rests in the court’s sound discretion; the statute sets no formula, cap, or percentage. Because the decision is discretionary, two judges looking at similar facts could reach different results.
Can attorney’s fees be awarded in a Georgia custody or visitation contempt case?
Yes, if the contempt arises out of an alimony case or a divorce and alimony case. Section 19-6-2(a) covers contempt of court arising out of either kind of case, including contempt of orders involving property division, child custody, and child visitation rights. The same rules apply: the court has discretion, must consider both parties’ finances, and any award becomes a final judgment as to the amount.
What if my ex won’t pay the attorney’s fees the court ordered?
The award can be enforced like a judgment. Section 19-6-2 makes a fee award a final judgment as to the amount granted, enforceable by attachment for contempt of court or by a writ of fieri facias, which allows collection against the paying party’s property. The attorney who was awarded the fees may also bring an action in his or her own name to enforce the grant under subsection (c).
Do we still owe a court-ordered attorney’s fee award if we reconcile?
Yes. Section 19-6-2(a)(2) says a fee award is a final judgment as to the amount granted and may be enforced by contempt or by writ of fieri facias “whether the parties subsequently reconcile or not.” Getting back together does not wipe out the award, and the lawyer who received it may still sue in his or her own name to collect it.
Amendment History
Laws 1967, p. 591, § 1; Laws 1976, p. 1017, § 1; Laws 1977, p. 312, § 1; Laws 1979, p. 466, § 8; Laws 1985, p. 877, § 1.
Formerly Code 1933, § 30-202.1.