Divorce vs. Separation: A Georgia Divorce Attorney Explains the Difference

In Georgia, a divorce ends a marriage, while separation—referred to legally as “separate maintenance”—allows couples to live apart without dissolving the union. Unlike divorce, separate maintenance keeps both parties legally married but can still involve decisions about alimony, custody, and property. It’s often chosen by couples uncertain about ending their marriage or who have legal, financial, or religious reasons to stay married. Understanding the distinctions and requirements can help couples choose the path that best fits their circumstances.

It’s always a blow when you realize that a divide has opened up between you and your spouse. In some cases, the divide is narrow enough that some honest conversations and a commitment to bring your lives back together can bridge the gap and mark the first steps toward an even healthier marriage. In others, the divide is an unconquerable gulf that has no other outcome than a divorce and an end to the marriage.

In still other cases, it may not yet be known whether or not the marriage can survive, and both partners need space and time to seek help, perform some in-depth soul-searching, and decide whether or not to keep trying to patch things up.

In these latter cases, there’s an intermediate step between working things out and splitting up for good: separation. So, how is separation different from divorce?

This month, we’re exploring the topic of divorce vs. separation and when separation might be the right next step in your marriage.

Divorce vs. Separation: What’s the Difference?

The core difference between a divorce and a separation is simple: a separation does not end the marriage; a divorce does end the marriage.

In a separation (actually called “separate maintenance” in Georgia – more on that below), the couple may:

Live in different homes, or may live in the same home but suspend what’s known as “marital relations”
Pursue entirely different lives and see each other as much or as little as they choose
Remain financially involved – through alimony and/or child support – or may completely separate financially.

One thing that neither partner can do in a separation is remarry. So long as you remain a spouse living under separate maintenance, you are legally married and any attempts to marry a third party would be considered bigamy under state law.

There are a few other things to know about separation and how it works in the state of Georgia.

Divorce vs. Separation in Georgia

Georgia actually does not recognize any such thing as a legal separation. In the eyes of the law in Georgia, a couple is either married or not. There’s no legal status for “separated.”

But, Georgia does recognize a de facto form of separation called “separate maintenance.” When a couple petitions for and receives a separate maintenance agreement, they may make many of the same proceedings and need to make many of the same decisions as a divorcing couple:

Will one spouse have to pay alimony/spousal support?
Who will receive what assets from the marital property?
Who will take on which debts from the couple’s collective debt burden?
Who will have physical custody of the couple’s children?
What will any shared custody or visitation rights look like?
Will one spouse pay child support to the other?

If there’s been any question of abuse, a spouse living under separate maintenance may have protective orders levied against their partner.

What Are the Grounds for Separate Maintenance?

A man and a woman in a bedroom sitting on opposite sides of the bed. The woman has her head in her hands while the man looks over his shoulder in her direction. The image visually conveys a couple fighting and on the verge of divorce or separation.

As in a divorce, the partner filing for separate maintenance must provide evidence that the situation meets certain grounds before the court will approve the petition. In Georgia, there are two possible grounds for a maintenance petition:

No-Fault Separate Maintenance

This situation is analogous to a no-fault divorce. In this case, both partners agree to the need for separate maintenance. When the couple agrees to the separation, the court’s only involvement is to settle disputes about property distribution, child custody, and other concerns identical to those addressed in a no-fault divorce.

Separate Maintenance Based on Misconduct

In this situation, one partner disputes the need for separation. The partner filing is required to produce evidence of some misconduct on the part of their spouse:

Adultery
Violence or abuse
Abandonment
Substance abuse
Neglect

In these cases, the court will hear the filing partner’s evidence and the opposing party will be allowed to present evidence of their own. The court will then decide if the grounds for separate maintenance have been met and, if so, they will approve the petition and begin settling custody, support, and other concerns.

Is Separation a Prerequisite for a Divorce?

In some states, a divorcing couple is required by law to enter a period of legal separation (sometimes called “trial separation”) before they can complete a divorce.

In Georgia, there is no such requirement. So long as the couple has separated in fact (even one spouse moving themselves and their things into another bedroom of the house can count), then the court will receive a divorce petition and begin the process of dissolving the marriage.

When Is Separation the Right Next Step?

Generally speaking, separation is the right call when:

The couple is still not 100% certain that their marriage needs to end
There is a compelling financial or legal reason to remain married (taxes, insurance, etc.)
One or more of the partners is a member of a faith in which divorce is forbidden

The best way to determine if a separation makes sense for you is to contact a reputable family law attorney and discuss your situation with them. If it is, in fact, time to separate from your spouse, your attorney will help you prepare for and navigate the legal proceedings of filing for separate maintenance in Georgia.

Preparing to Go Through a Divorce? We Can Help: Call EMC Family Law Today!

Our attorneys offer trusted, helpful legal guidance through every step of any separation or divorce, no matter how contentious or complicated. Give us a call and let us guide you through your next steps: 770-225-7000

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