§ 19-6-4.When permanent alimony authorized; how enforced
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-4
Plain-English Summary
This short section answers two questions: when permanent alimony is available, and how it is enforced. Permanent alimony may be granted in three kinds of cases: a divorce; a voluntary separation; or a case where one spouse, against that spouse’s will, is abandoned or driven off by the other. The last two do not require a divorce at all, so a spouse who is still married can seek permanent support. The procedure for that kind of case, when no divorce is pending, appears in § 19-6-10, and § 19-6-8 explains how a written support agreement can take the place of an award.
“Permanent” here means the alimony set in the final judgment, as opposed to temporary alimony under § 19-6-3, which lasts only while the case is pending. It does not always mean lifelong. Under § 19-6-5(b), future permanent alimony ends when the receiving spouse remarries unless otherwise provided, and periodic awards can be revised under § 19-6-19.
The word “may” matters. Even in one of the three listed situations, an award is not automatic: § 19-6-1 bars alimony to a spouse whose adultery or desertion caused the separation and otherwise leaves the award to the court, and § 19-6-5 lists the factors that shape the amount. Once granted, permanent alimony can be enforced by writ of fieri facias or by attachment for contempt.
Frequently Asked Questions
Can I get alimony in Georgia without getting divorced?
Yes. Section 19-6-4(a) lets a court grant permanent alimony in cases of voluntary separation, and where one spouse, against that spouse’s will, is abandoned or driven off by the other — not only in divorces. When no divorce is pending, § 19-6-10 lets a spouse living apart file a petition for support. An award is still discretionary, and the bar in § 19-6-1 for adultery or desertion that caused the separation still applies.
What is permanent alimony in Georgia?
It is the alimony set in the final judgment, as opposed to temporary alimony under § 19-6-3 that lasts only while the case is pending. Permanent does not necessarily mean for life. Under § 19-6-5(b), permanent alimony obligations not yet due end when the receiving spouse remarries unless otherwise provided, and § 19-6-19 allows periodic permanent alimony to be revised when either former spouse’s income and financial status changes.
How is a permanent alimony order enforced in Georgia?
Two ways. Section 19-6-4(b) says a grant of permanent alimony may be enforced by writ of fieri facias or by attachment for contempt. A writ of fieri facias is a writ of execution that lets the person owed money collect against the paying spouse’s property. Attachment for contempt brings the paying spouse before the court for failing to obey its order.
My spouse forced me out of the house. Can I ask for permanent alimony?
You can ask. Section 19-6-4(a)(3) lists, as one of the cases where permanent alimony may be granted, the situation where one spouse, against that spouse’s will, is abandoned or driven off by the other. Whether your facts fit is for the court to decide, and an award is discretionary. Section 19-6-10 provides the procedure for seeking support when no divorce is pending.
Is permanent alimony guaranteed in a Georgia divorce?
No. Section 19-6-4 says permanent alimony “may” be granted in a divorce. Section 19-6-1 bars alimony to a spouse whose adultery or desertion caused the separation and, in other cases, says alimony is authorized but not required, depending on one spouse’s needs and the other’s ability to pay. The amount, if any, turns on the factors listed in § 19-6-5.
Amendment History
Laws 1979, p. 466, §§ 10, 15.
Formerly Code 1863, §§ 1691, 1693; Code 1868, §§ 1734, 1736; Code 1873, §§ 1739, 1744; Code 1882, §§ 1739, 1744; Civil Code 1895, §§ 2459, 2464; Civil Code 1910, §§ 2978, 2983; Code 1933, §§ 30-204, 30-210.