Divorce

Alimony is financial support paid by, or to, your spouse. A judge may grant temporary alimony during a divorce case and permanent alimony after a final divorce judgment.

A judge can also order temporary or permanent alimony as part of a “permanent maintenance and support action” (even if neither your or your spouse have filed for divorce) if:

• either spouse “willfully deserts” the other;
• there are any fault-based grounds for divorce, even if there is no divorce case pending; or
• a husband “willfully fails” to provide for his wife.¹

Note: When a judge orders permanent maintenance and support, the judge must divide any marital property the spouses own, even if they are not getting a divorce.

During a divorce case, a judge may order either spouse to give the other spouse temporary alimony in the form of any money necessary for that spouse to:

• support himself/herself;
• support himself/herself and his/her children; and
• pay for the costs of getting a divorce.¹

Any order for both temporary or permanent alimony can be enforced, changed, or ended (revoked) when a judge orders it.¹

¹ 19 G.C. § 8402