Separate Maintenance

Under O.C.G.A. § 19-6-10, a spouse may file for separate maintenance when the parties are living in a bona fide state of separation. The court can award temporary and permanent support, establish custody and visitation, and divide the use of marital property — all without dissolving the marriage.

• The marriage remains legally intact — neither party can remarry.
• Both spouses may retain certain marital benefits such as health insurance and Social Security benefits.
• Property is not permanently divided — it remains marital property.
• Either party can later convert the action to a divorce if desired.
• Separate maintenance can be a stepping stone or a permanent arrangement.

• Spousal support (alimony) — temporary or permanent
• Child custody and visitation schedules
• Child support payments
• Use and possession of the marital home
• Payment of marital debts
• Health insurance continuation

A Petition for Separate Maintenance is filed in the Superior Court of the county where the defendant resides. The petition must allege that the parties are living separately and state the relief requested. Ufyle prepares all required documents and helps you understand what to expect at each stage.

Separate maintenance may be the right choice if you have religious objections to divorce, need to maintain health insurance coverage through a spouse's employer, have been married for a long time and want to preserve Social Security benefits, or simply need time and space to decide whether to pursue a full divorce.