Modification of Alimony in Georgia

Life circumstances change, and a final divorce decree that made sense years ago may no longer reflect your current financial reality. In Georgia, it is possible to modify an existing alimony order, but the law requires specific conditions to be met.

The Schachter Law Firm, LLC, provides experienced representation for clients in Savannah seeking to increase, decrease, or terminate alimony payments through a modification action.

Grounds for Modifying Alimony in Georgia

Under O.C.G.A. § 19-6-19, the judgment of a court providing permanent periodic alimony can be revised. Georgia law allows for the modification of alimony for two primary reasons:

1. A Change in Income and Financial Status

Either the paying spouse (the obligor) or the receiving spouse can file a petition for modification based on a substantial change in the income and financial status of either former spouse.

  • Downward Modification: The paying spouse may seek a reduction in alimony if they have experienced a significant decrease in income (e.g., job loss, involuntary pay cut, disability) or if the receiving spouse has experienced a significant increase in income or financial resources.
  • Upward Modification: The receiving spouse may seek an increase in alimony if their financial needs have substantially increased (e.g., due to a medical emergency) or if the paying spouse’s ability to pay has significantly improved.

The court will review evidence such as changes in net income, fixed debts, and personal living expenses to determine if a modification is warranted.

2. The “Live-In Lover” Law (Voluntary Cohabitation)

Georgia law provides a specific ground for downward modification or termination of alimony if the receiving spouse is cohabitating with a third party.

Under the statute, if the former spouse receiving alimony is engaged in “voluntary cohabitation… with a third party in a meretricious relationship,” it is grounds to modify the periodic payments.

What constitutes cohabitation? The law defines cohabitation as “dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.”

This means the paying spouse must prove that the receiving spouse and their new partner are living together continuously and openly, and sharing a relationship that is akin to marriage (sharing expenses, financial interdependence, or a sexual relationship). Casual dating or occasional overnight stays do not meet this strict legal standard.

Important Considerations for Alimony Modification

  • Periodic Alimony Only: Generally, only periodic alimony (regular, ongoing payments) can be modified. Lump sum alimony or alimony paid via property division is typically non-modifiable.
  • No Retroactive Modification: Alimony modifications are generally not retroactive. A reduction or increase in alimony only takes effect after the court enters a new modification order, not from the date your circumstances changed or the date you filed the petition. Therefore, it is critical to file for modification as soon as a substantial change occurs.
  • Two-Year Rule: Under Georgia law, a former spouse cannot file a petition for modification within two years of the final order on a previous modification petition filed by that same spouse.
  • Attorney’s Fees: In an alimony modification proceeding, the court has the discretion to award attorney’s fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require.

Do Not Stop Paying Without a Court Order

If you have experienced a financial hardship or believe your former spouse is cohabitating, do not unilaterally stop making your court-ordered alimony payments. Failing to pay alimony as ordered can result in you being held in contempt of court, which carries severe penalties, including fines and jail time. You must continue paying until a judge officially modifies the order.

Contact a Savannah Alimony Modification Attorney

Modifying alimony requires gathering substantial financial evidence and presenting a compelling case to the judge. The Schachter Law Firm, LLC has the expertise to guide you through the modification process.

Call our Savannah office at 912-233-8883 to discuss your alimony modification case.