OCGA § 19-6-3 Temporary Alimony; Petition and Hearing; Factors Considered; Discretion of Judge; Revision and Enforcement of Order; Effect of Failure to Comply

• Library: Code of Georgia
• Edition: 2023
• Currency: Current through 2023-2024 Legislative Session Chapter 353 and 2023 Special Session Chapter 5
• Year: 2023
• Citation: OCGA § 19-6-3

(a) 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.

(b) 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.