2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-3. Temporary Alimony; Petition and Hearing; Factors Considered; Discretion of Judge; Revision and Enforcement of Order; Effect of Failure to Comply

1. Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case. After hearing both parties and the evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify.
2. In arriving at a decision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused.
3. At a hearing on the application for temporary alimony, the merits of the case are not in issue; however, the judge, in fixing the amount of alimony, may inquire into the cause and circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.
4. On application, an order allowing temporary alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt.
5. A failure to comply with the order allowing temporary alimony shall not deprive a party of the right either to prosecute or to defend the case.

(Orig. 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; Ga. L. 1979, p. 466, §§ 7, 9, 10.)

- For article, "Attorney's Fees in Alimony and Divorce Cases," see 19 Ga. B.J. 23 (1956). For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For comment, "Antenuptial Agreements and Divorce in Georgia: Scherer v. Scherer," see 17 Ga. L. Rev. 231 (1982).

ANALYSIS

• General Consideration
• Pleadings and Evidence
• Attorney's Fees
• Determining Amount of Award
• Discretion of Trial Court
• Enforcement Procedures
• Revision of Order

RESEARCH REFERENCES

Am. Jur. 2d.

- 24A Am. Jur. 2d, Divorce and Separation, §§ 586 et seq., 774 et seq.

8B Am. Jur. Pleading and Practice Forms, Divorce and Separation, § 212 et seq.

8B Am. Jur. Pleading and Practice Forms, Divorce and Separation, § 212 et seq.

- 27B C.J.S., Divorce, § 511 et seq.

- Statute expressly or impliedly denying power to enforce by process of contempt, order, judgment, or decree, for money, as applicable to order or decree for alimony, 8 A.L.R. 1156.

Right of wife to allowance of counsel fees to prosecute or defend appeal in matrimonial action, 18 A.L.R. 1494.

Financial condition of parties as affecting allowance of suit money in divorce suit, 35 A.L.R. 1099.

Liability of husband in independent action for services rendered by attorney to wife in divorce suit, 42 A.L.R. 315.

Nonpayment of alimony or suit money as ground for denying right to participate in trial or other proceeding in suit for divorce, 62 A.L.R. 663.

Demand as condition precedent to enforcement of payment of alimony by contempt proceedings, 63 A.L.R. 1220.

Findings or order upon application for alimony pendente lite in action for divorce or separation as res judicata, 105 A.L.R. 1406.

Allowance against husband in suit for divorce, of amount for expense of taking deposition of wife or paying cost of her transportation to place of trial, 111 A.L.R. 1098.

What provisions in divorce suit for financial benefit of wife, other than for payment of money to her or her agents or attorneys, are enforceable by contempt proceedings, 124 A.L.R. 145.

Power of appellate court to grant alimony, maintenance, or attorneys' fees pending appeal in matrimonial suit, 136 A.L.R. 502.

Contempt proceedings to enforce payment of alimony or support as affected by security for its payment or availability of other remedy for its enforcement, 136 A.L.R. 689.

Right to allowance of counsel fees to wife in action for divorce or separation, as affected by misconduct or lack of good faith of her attorney, 150 A.L.R. 1181.

Final decree or dismissal of suit for divorce as affecting subsequent enforceability by contempt or otherwise of past defaults in payment of temporary alimony, 154 A.L.R. 530.

Decree of divorce a vinculo as affecting prior award of alimony or support ordered or decreed in a suit for divorce a mensa et thoro or for separate maintenance, 166 A.L.R. 1004.

Order granting or refusing motion for temporary alimony or suit money in divorce action as appealable, 167 A.L.R. 360.

Wife's misconduct or fault as affecting her right to temporary alimony or suit money, 2 A.L.R.2d 307.

Decree for alimony rendered in another state or country (or domestic decree based thereon) as subject to enforcement by equitable remedies or by contempt proceedings, 18 A.L.R.2d 862.

Pleading and burden of proof, in contempt proceedings, as to ability to comply with order for payment of alimony or child support, 53 A.L.R.2d 591.

Use of affidavits to establish contempt, 79 A.L.R.2d 657.

Right to credit for payments on temporary alimony pending appeal, against liability for permanent alimony, 86 A.L.R.2d 696.

Wife's possession of independent means as affecting her right to alimony pendente lite, 60 A.L.R.3d 728.

Excessiveness or adequacy of money awarded as temporary alimony, 26 A.L.R.4th 1218.

Court's authority to award temporary alimony or suit money in action for divorce, separate maintenance, or alimony where the existence of a valid marriage is contested, 34 A.L.R.4th 814.

Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14.

Power to modify spousal support award for a limited term, issued in conjunction with divorce, so as to extend the term or make the award permanent, 62 A.L.R.4th 180.

Withholding visitation rights for failure to make alimony or support payments, 65 A.L.R.4th 1155.