Summary of Georgia Separation Law

In Georgia, a “legal separation” is not necessary if spouses are planning on divorcing. In fact, Georgia law does not provide a cause of action for a separation as in some other states. That means that a person cannot sue their spouse for separation in Georgia.

A person can, however, sue their spouse for maintenance (also known as alimony or spousal support) in Georgia (see the Code of Georgia Annotated; 19-6-10).

Spouses can also enter into a written agreement (sometimes referred to as a “Marital Settlement Agreement” or a “Separation Agreement”) regarding their rights and responsibilities pertaining to issues such as spousal support, property division, child custody, and child support.

The main reason for suing for maintenance or entering into a separation agreement (rather than merely informally separate) is generally to make more certain the rights and responsibilities of the parties during the period of separation.

Neither an informal separation nor a legal separation means that the spouses must divorce. They are free to reconcile at any time and resume living together. For some couples, a separation serves as a cooling off period--a method of relieving immediate pressure while they sort out what they want to do with their lives. For other couples (for instance, couples with a religious objection to divorce), a separation may be a more permanent solution to a marriage that is not working out.