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Updated August 07, 2023

A Georgia separation agreement is a legal document that allows married couples who no longer wish to live together to establish terms for spousal support and related matters, sometimes called separate maintenance. Georgia is one of a few states that does not recognize separation as a distinct legal status, meaning that separation agreements, if used at all, are private contracts not filed with the court.

Couples can use separation agreements to lay out things like division of assets or child custody, but the terms may not be enforceable without seeking a divorce.

Is a Separation Agreement Legal in Georgia?

Georgia does not recognize separation as a court-enforced status, but they may seek court-ordered alimony without getting divorced, known as “separate maintenance.” However, couples can create their own contracts to govern their time living separately.

Source: § 19-6-10