§ 19-6-3.Temporary alimony; petition and hearing; factors considered; discretion of judge; revision and enforcement of order; effect of failure to comply
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-3
Plain-English Summary
Temporary alimony carries a spouse through the months a divorce or permanent alimony case is pending. Either spouse may apply at any time while such a case is pending by filing a petition with the presiding judge of the court where it is pending. After hearing both spouses and the evidence about their circumstances and the fact of the marriage, the court must grant whatever temporary alimony — including expenses of litigation — the condition of the parties and the facts of the case justify. That can mean a substantial award, a small one, or none.
Subsection (b) tells the judge what to weigh: the peculiar necessities the litigation creates for each spouse, and any evidence of a separate estate owned by either. If the separate estate of the spouse seeking alimony is ample compared with the other spouse’s, the judge may refuse temporary alimony.
The temporary hearing is not a trial on the merits. Still, under subsection (c) the judge may look into the cause and circumstances of the separation that made alimony necessary and, in the judge’s discretion, may refuse alimony altogether. That ties back to the adultery and desertion bar in § 19-6-1.
A temporary order is never locked in. On application, the court may revise it at any time. It can be enforced by writ of fieri facias or by attachment for contempt. And a spouse who fails to comply with the order does not lose the right to prosecute or defend the case. Temporary child support and custody are handled separately under § 19-6-14.
Frequently Asked Questions
How do I get temporary alimony during a Georgia divorce?
File a petition. Under § 19-6-3(a), while a divorce or permanent alimony case is pending, either spouse may apply at any time to the presiding judge for temporary alimony to last until the final judgment. The judge hears both spouses and the evidence about their circumstances and the marriage, then grants the temporary alimony, including litigation expenses, that the parties’ condition and the facts justify. The amount is up to the judge.
Will the judge decide who caused the breakup at the temporary alimony hearing?
Not as a final matter. Section 19-6-3(c) says the merits of the case are not in issue at a temporary alimony hearing. But in fixing the amount, the judge may inquire into the cause and circumstances of the separation that made alimony necessary, and may in the judge’s discretion refuse alimony altogether. So evidence about why the spouses separated can still affect the temporary award.
Can temporary alimony be denied if I have money of my own?
It can. Under § 19-6-3(b), the judge must consider any evidence of a separate estate owned by either spouse. If the separate estate of the spouse asking for alimony is ample compared with the other spouse’s, the judge may refuse temporary alimony. The word is “may,” so the judge has discretion; a separate estate does not automatically defeat the request.
Can a temporary alimony order be changed before the divorce is final?
Yes. Section 19-6-3(d) makes an order allowing temporary alimony subject to revision by the court at any time, on application. A spouse whose circumstances change during the case can ask the judge to raise, lower, or end the temporary award. The same subsection lets the order be enforced by writ of fieri facias or by attachment for contempt.
If my spouse won’t pay temporary alimony, can they still fight the divorce?
Yes. Section 19-6-3(e) says that failing to comply with a temporary alimony order does not deprive a party of the right to prosecute or defend the case. The unpaid alimony is enforced in other ways: subsection (d) allows enforcement by writ of fieri facias, which reaches the paying spouse’s property, or by attachment for contempt.
Amendment History
Laws 1979, p. 466, §§ 7, 9, 10.
Formerly Code 1863, §§ 1689-1692; Code 1868, §§ 1732-1735; Code 1873, §§ 1737-1740; Code 1882, §§ 1737-1740; Civil Code 1895, §§ 2457-2460; Civil Code 1910, §§ 2976-2979; Code 1933, §§ 30-202, 30-203, 30-204, 30-205.