§ 19-6-8.Voluntary separation, abandonment, or driving off of spouse — Agreement for support as bar to alimony
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-8
Plain-English Summary
This section lets spouses who live apart settle support between themselves. It applies in cases of voluntary separation, and where one spouse, against that spouse’s will, is abandoned or driven off by the other — two of the three situations in which § 19-6-4 allows permanent alimony.
In those situations, a spouse may voluntarily make an adequate provision for the other spouse’s support and maintenance by contract or other written agreement with that spouse. The provision must be consistent with the paying spouse’s means and the other spouse’s former circumstances. The statute sets no dollar figure; adequacy is measured against those two benchmarks.
Such an agreement bars the supported spouse’s right to permanent alimony. The bargain replaces a court award. If the spouses have made no such agreement, § 19-6-9 lets the court use its equitable powers to compel support, and § 19-6-10 supplies the procedure for a petition when no divorce is pending. If the spouses later reconcile and voluntarily live together again without a total divorce, § 19-6-12 annuls provisions for permanent alimony made by deed, while protecting the children’s rights.
Frequently Asked Questions
Can a separation agreement replace alimony in Georgia?
Yes, if it meets the statute’s terms. Under § 19-6-8, in a voluntary separation or where one spouse is abandoned or driven off against that spouse’s will, a spouse may make an adequate provision for the other’s support by contract or other written agreement. That agreement bars the supported spouse’s right to permanent alimony. The provision must be adequate and consistent with the paying spouse’s means and the other spouse’s former circumstances.
Does a spousal support agreement have to be in writing in Georgia?
Under § 19-6-8, yes. The section describes support provided “by contract or other written agreement” made with the spouse. An agreement of that kind, making adequate provision for support and maintenance, bars the supported spouse’s right to permanent alimony. The statute says nothing about oral arrangements having the same effect.
What makes a support agreement “adequate” under § 19-6-8?
The statute gives two benchmarks. The provision must be consistent with the means of the paying spouse and with the former circumstances of the spouse being supported. It sets no dollar amount or percentage. Whether a particular agreement meets that standard is a question a court would decide on the facts.
What if we separated without any support agreement?
The court can step in. Section 19-6-9 says that, absent a voluntary contract or other agreement under § 19-6-8, the court may use its equitable powers, on a spouse’s application, to compel the other spouse to provide support for that spouse and for minor children and any dependent adult child in that spouse’s custody. Section 19-6-10 sets out how to petition when no divorce is pending.
Does a separation agreement under § 19-6-8 bar temporary alimony?
The section names only permanent alimony. It says an agreement making adequate provision for support “shall be a bar to the right of the spouse to permanent alimony.” It does not mention temporary alimony, which § 19-6-3 governs while a divorce or permanent alimony case is pending. How an agreement affects a temporary request would be for the court to decide.
Amendment History
Laws 1979, p. 466, § 16.
Formerly Code 1863, § 1694; Code 1868, § 1737; Code 1873, § 1745; Code 1882, § 1745; Civil Code 1895, § 2465; Civil Code 1910, § 2984; Code 1933, § 30-211.