§ 19-6-22.Revision of judgment for permanent alimony — Expenses of litigation
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2007 · Last verified October 9, 2026
Full Text of § 19-6-22
Plain-English Summary
Defending against a modification petition costs money, and the spouse receiving alimony may have less of it. This section speaks to that. When the party obligated to pay alimony files a petition under § 19-6-19(a), the court may require that party to pay the reasonable expenses of litigation the former spouse incurs in defending the petition.
The award is discretionary: the statute says “may,” and the expenses must be reasonable. It applies only when the paying spouse is the one who filed. Section 19-6-19 also contains two other fee rules: subsection (b) makes a petitioner who loses on the cohabitation ground liable for the other side’s reasonable attorney’s fees, and subsection (d) lets the court award fees, costs and expenses to the prevailing party as the interests of justice require. Section 19-6-2 also governs attorney’s fees as expenses of litigation in alimony cases, leaving them to the court’s sound discretion while requiring it to consider both parties’ financial circumstances.
Frequently Asked Questions
Do I have to pay my ex’s attorney’s fees if I file to reduce alimony in Georgia?
You might. If you are the party obligated to pay alimony and you file a petition under § 19-6-19(a), the court may require you to pay the reasonable expenses of litigation your former spouse incurs in defending it. The court decides whether to order it.
Is the fee award mandatory when the paying spouse files?
No. The section says the court “may” require payment, so the decision is discretionary, and only reasonable expenses qualify. Compare § 19-6-19(b): a petitioner who seeks modification on the cohabitation ground and doesn’t prevail shall be liable for the respondent’s reasonable attorney’s fees. That rule is mandatory; this one isn’t.
Can the spouse receiving alimony get litigation costs if they file to increase alimony?
Not under this section, which applies only when the party obligated to pay alimony files. But § 19-6-19(d) lets the court award fees, costs and expenses of litigation to the prevailing party in an alimony modification proceeding under that section as the interests of justice may require.
What expenses can be covered under § 19-6-22?
The reasonable expenses of litigation the former spouse incurs in defending the petition. The section doesn’t list specific items, so the court decides what is reasonable in the case before it. Section 19-6-2 separately treats attorney’s fees as part of the expenses of litigation in alimony, divorce and alimony, and related contempt cases, leaving the amount to the court’s sound discretion.
Does this section apply to child support modification?
Amendment History
Laws 1955, p. 630, § 4; Laws 1979, p. 466, § 26; Laws 2005, Act 52, § 9, eff. Jan. 1, 2007.