In Georgia, there is no official legal separation status like in some other states. However, couples who want to live apart without officially divorcing can file for “separate maintenance.” This is similar to legal separation and allows couples to establish financial and custody arrangements while remaining legally married.

1. Divorce in Georgia

Divorce is the legal termination of a marriage, meaning both parties are free to remarry and legally sever financial and legal ties (except for any ongoing obligations like child support or alimony).

Pros of Divorce

✅ Finality – Ends the marriage permanently.
✅ Ability to Remarry – You are legally single.
✅ Clear Division of Assets/Debts – Courts will finalize property division.
✅ Definitive Custody Arrangements – Custody and support agreements are legally binding.

Cons of Divorce

• Complex & Lengthy – The process can take months or longer.
• Emotional & Financial Stress – Legal fees, asset division, and emotional toll.
• Alimony or Child Support Obligations – Depending on circumstances, one party may owe financial support.

2. Legal Separation (Separate Maintenance) in Georgia

While Georgia does not formally recognize legal separation, couples who want to stay married but live apart can file for separate maintenance instead of divorce.

This process allows spouses to legally resolve spousal support, child custody, child support, and division of assets without ending the marriage.

Pros of Separate Maintenance

✅ Retains Marital Benefits – You can stay on a spouse’s health insurance and file joint taxes.
✅ Good for Religious or Personal Reasons – Some couples avoid divorce due to religious beliefs or personal values.
✅ Time for Reconciliation – If the couple is unsure about divorce, separate maintenance allows space.
✅ Financial Stability – Avoids certain financial risks, like splitting pensions or retirement benefits prematurely.

Cons of Separate Maintenance

• Still Legally Married – You cannot remarry unless you get a divorce.
• Not an Automatic Divorce – If reconciliation fails, you still have to go through the divorce process.
• Potential for Legal Disputes – Even though you’re not divorcing, issues like custody and alimony still require legal intervention.

Which One Should You Choose?

• If you are certain you want to end the marriage, divorce is the best option.
• If you want to live apart but keep financial/marital benefits, separate maintenance may be better.
• If you’re undecided and need time, separate maintenance allows a structured arrangement without divorce.