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Separate Maintenance in Georgia

A couple sitting on a couch considering a separate maintenance in Georgia

What is a Separate Maintenance Order in Georgia?

In Georgia, couples who want to separate or spend some time away from each other but don’t necessarily want a divorce can pursue a separate maintenance order. A separate maintenance order in Georgia allows married couples to live separately without terminating the marriage.

There are multiple reasons why couples decide not to live together and not officially end the marriage in a divorce. If you are in a situation where you may want to pursue separate maintenance in Georgia, contact Boudreaux Law Firm for a lawyer experienced in marital separation that can help you navigate through this challenging time.

Woman sitting in a living room in separation due to separate maintenance in GeorgiaSeparate Maintenance or Divorce?

The key difference between divorce and separate maintenance in Georgia is that a marriage does not end with separate maintenance. If spouses ask for separate maintenance in Georgia, they can live independent lives while working out issues within their marriage and move back together after a reconciliation. During this time, spouses are also not allowed to marry someone else.

With separate maintenance in Georgia, the two parties still have to work out property division, alimony, and, if there were any children in the marriage, child support, and custody issues. Spouses in separation can still retain health care benefits, joint property rights, decision-making privileges for medical care, and responsibility for marital debts.

Remember, a separate maintenance does not stop either party from asking for a divorce in the future. You should consider divorce if you want to get remarried or if you and your spouse have failed to work out problems in your marriage. Contact a separate maintenance lawyer to discuss your separate maintenance in Georgia.

Reasons Why to Pursue Separate Maintenance in Georgia

Man living separately due to a separate maintenance in GeorgiaThere are several reasons why married couples might want to consider separate maintenance in Georgia. For some individuals, certain religious beliefs may prevent them from considering divorce.

Couples may also consider separate maintenance in Georgia to maintain the health insurance or tax benefits of being legally married, as spouses will retain those benefits since the marriage isn’t terminated.

The last reason couples consider separate maintenance in Georgia is to decide if a divorce is necessary. Some grapple with the decision to terminate a marriage, and living separately from their spouse gives them time and space to figure out their situation. Contact Boudreaux Law Firm today and speak to an experienced family law attorney to determine if separate maintenance in Georgia is right for your situation.

[Related: Divorce Mediation in Georgia]

How to Get Separate Maintenance in Georgia

Before filing for separate maintenance in Georgia, both parties must agree to pursue this course of action. Filing for a separate maintenance order can be just as complicated as filing for a divorce. Spouses will be asked to pay fees, file paperwork, and possibly attend multiple court dates.

If the separate maintenance becomes a contested matter, such as one spouse not agreeing with the filing, they may need to appear before a judge. During the appearance, the court will decide on property and asset division, alimony, child custody, and visitation.

[Related: Contested v. Uncontested Divorce]

Whether you are dealing with a contested or uncontested separate maintenance in Georgia, contact Boudreaux Law Firm. Our experienced family law attorney will help you make tough decisions regarding your separate maintenance case. Call us today at 706-869-1334 for attorneys that will fight for your best interest.

Boudreaux Law Firm

493 Furys Ferry Rd

Augusta GA 30907


The Augusta, Eastern Georgia law firm of Boudreaux Law Firm, serves Eastern GA and the CSRA, including the cities of Augusta, Evans, Martinez, Blythe, Hephzibah, Grovetown, Harlem, Waynesboro, Appling, Thomson, Louisville, Lincolnton, Aiken, North Augusta, and Peach Island, as well as Columbia County, Richmond County, Burke County, Jefferson County, McDuffie County, Lincoln County, Aiken County, and Edgefield County

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