Understanding Legal Separation (Separate Maintenance) In Georgia

When couples in Georgia begin exploring alternatives to divorce, the term “legal separation” often comes up. But unlike many states, Georgia does not legally recognize “legal separation” as a marital status. Instead, the state allows couples to file for something called separate maintenance, a court action that provides structure, protection, and financial clarity while spouses remain legally married.

This guide breaks down what separate maintenance really means, how it works, and when it may, or may not, be the right step for your family.

Is Legal Separation Recognized In Georgia?

Legal separation is not recognized in the traditional sense; Georgia uses “separate maintenance” instead.

In many states, legal separation creates a formal legal status where spouses live apart but are still married. Georgia is one of only six states in the country that does not offer this option. Instead, Georgia allows spouses to resolve financial, custody, and support issues through a separate maintenance action, all while staying married.

This process exists because Georgia law recognizes that couples may need structure and protection, without permanently ending the marriage.

What Is Separate Maintenance In Georgia?

Separate Maintenance is a court-ordered arrangement that protects both spouses while they remain married. Separate maintenance is a legal action filed in the Georgia Superior Court that allows married spouses to:

• establish parenting plans

• determine child support

• obtain spousal support

• divide assets and debts

• Set clear financial and living arrangements

All without divorcing.

Couples choose this path for many reasons: health insurance, religious beliefs, financial stability, or simply uncertainty about their future. Separate maintenance provides a way to protect each person’s rights while leaving space for reconciliation.

Why Do Some Couples Choose Separate Maintenance Instead Of Divorce?

For many families, the decision is about creating stability during uncertainty. Georgia family lawyer Cynthia Griffin explains, “Many people assume they must divorce first to address financial or custody issues—in Georgia, that’s not true. A separate maintenance action allows you to establish clear boundaries while still legally married.”

Common reasons families choose separate maintenance include:

• Keeping health insurance benefits that might otherwise be lost

• Religious or cultural reasons for avoiding divorce

• Wanting financial protection without ending the marriage

• Needing child support or spousal support while separated

• Wanting time and space while still preserving the possibility of reconciliation

Separate maintenance offers structure without finality. Cynthia Griffin states, “If you’re anxious about giving up benefits tied to marriage or concerned about reconciling later, separate maintenance gives you structure without closing the door to future healing.”

What Issues Can Be Resolved Through Separate Maintenance?

Separate maintenance can resolve almost everything that would be decided in a divorce, except ending the marriage.

A separate maintenance order may address:

• where the children will live

• each parent’s rights and responsibilities

• child support

• spousal support

• how marital property and debts are managed

• use of the marital home

• financial protections for both spouses

In short: You get nearly all the protections of divorce while staying married.

What it cannot do is legally end the marriage. If either spouse later files for divorce, many of the separate maintenance orders can carry over or be incorporated into the final divorce decree.

Do You Have To Live Apart To File For Separate Maintenance?

Living apart helps, but it isn’t required. Unlike some states, Georgia does not require spouses to live in separate residences to file. Georgia law only requires that the spouses be “living separately,” which can be interpreted as:

• sleeping in separate bedrooms

• ending marital relations

• functioning as independent households under the same roof

This nuance allows families with children or financial limitations to pursue legal protections without uprooting their lives.

How Separate Maintenance Differs From Divorce In Georgia

How To File For Separate Maintenance In Georgia

Although it is less commonly pursued than divorce, filing for separate maintenance follows a structure:

1. Confirm residency — At least one spouse must have lived in Georgia for six months.

2. Prepare a Petition for Separate Maintenance — This states that the spouses are no longer living as a married unit.

3. File with the Superior Court in the county where the spouse resides.

4. Serve the other spouse, unless they voluntarily acknowledge service.

5. Negotiate or litigate issues such as support, custody, and division of assets.

6. Attend court hearings if needed, and finalize the order through a judge.

Many spouses resolve their issues through negotiation or mediation rather than litigation.

Frequently Asked Questions About Separate Maintenance In Georgia

How Modern Family Law Can Help

If you’re considering separation or divorce, you don’t have to navigate these decisions alone. Our Atlanta Managing Partner, Cynthia Griffin, and our compassionate legal team can help you understand your options, protect your rights, and create a plan that supports your long-term stability.

Whether you’re seeking clarity, structure, or a path forward, Modern Family Law is here to support you. Reach out to our Atlanta office with any questions about separate maintenance or divorce options in Georgia.