Legal Separation vs. Divorce in Georgia
Many couples facing marital difficulties may consider legal separation as an alternative to divorce. Unlike some states, Georgia does not recognize legal separation in the traditional sense, but couples can live separately and file for separate maintenance, which provides financial and legal protections similar to divorce without officially dissolving the marriage. This option is often chosen for religious, financial, or personal reasons.
Georgia law, under O.C.G.A. § 19-6-10, allows spouses to seek separate maintenance, which can address issues such as spousal support, child custody, and division of assets. While separate maintenance does not terminate the marriage, it provides a legal framework for spouses to define their rights and responsibilities while living apart. This can be beneficial for couples who want to maintain benefits such as healthcare or social security eligibility that would be lost in a divorce.
A key case illustrating the use of separate maintenance in Georgia is Cooper v. Cooper, 284 Ga. 173 (2008), where the Georgia Supreme Court upheld a separate maintenance agreement that outlined financial support obligations and custody arrangements. The court reinforced that while separate maintenance allows spouses to live apart with legal protections, it does not permit either spouse to remarry without obtaining a formal divorce.
Divorce, on the other hand, legally ends a marriage and requires the resolution of property division, child custody, spousal support, and other marital matters. A divorce decree is final, and both parties are free to remarry. If reconciliation is a possibility, separate maintenance may be a preferred choice, but for those seeking a permanent solution, divorce is the appropriate legal avenue.
If you are uncertain about whether to pursue legal separation or divorce in Georgia, our experienced family law attorneys can guide you through your options. Contact us today for a consultation to discuss the best course of action for your situation.
