Crystal Wright | October 30, 2024 | Spousal Support

Can the Court Require Your Ex To Pay Alimony if You Were Never Legally Married?

Ending a long-term relationship can be emotionally and financially challenging. If you and your ex-partner were never legally married but shared a life together, you might wonder if you’re entitled to alimony in Georgia. Knowing how Georgia law views alimony and unmarried couples is essential to understanding your rights and options.

Understanding Alimony in Georgia

Alimony, also known as spousal support, is financial assistance that one spouse may be required to pay to the other during or after a divorce. In Georgia, alimony is intended to help the spouse with fewer financial resources maintain a standard of living similar to what was established during the marriage.

When determining alimony, Georgia courts consider factors such as:

  • The standard of living during the marriage
  • The length of the marriage
  • The age and health of both parties
  • Each person’s financial resources and earning capacity
  • Contributions to the marriage, including homemaking and childcare
  • Any misconduct that led to the breakup

Other factors may be considered as well, based on the facts of the case.

Can You Receive Alimony if You Were Never Legally Married?

In Georgia, alimony is only awarded in cases with a legal marriage. If you and your ex-partner were never legally married, the court cannot require them to pay alimony. Georgia does not recognize common-law marriages established after January 1, 1997. 

This means that even if you lived together for many years and considered yourselves married, the state doesn’t view your relationship as a legal marriage unless you had a formal ceremony and obtained a marriage license.

Without a legal marriage, there is no basis for an alimony claim under Georgia law. The court lacks the authority to order financial support between unmarried partners after a breakup.

While alimony may not be available, you might have other legal options to address financial and property matters:

Cohabitation Agreements

If you and your ex-partner had a written agreement outlining financial arrangements or property division in the event of a separation, this agreement might be enforceable in court. Cohabitation agreements can help protect both parties by clearly stating expectations and responsibilities.

Property Division

Unmarried couples often acquire property together, such as a house, car, or other assets. If both names are on the title or deed, you have a right to your share of the property. You may need to file a civil lawsuit to divide jointly owned assets fairly.

Child Support and Custody

If you have children together, both parents have legal rights and responsibilities regardless of marital status. The court can establish child support, custody arrangements, and visitation schedules to ensure the child’s best interests are met.

Claims for Unjust Enrichment

In some situations, you might be able to file a claim for unjust enrichment if your ex-partner unfairly benefited financially during your relationship at your expense. This is a complex legal area and usually requires assistance from an attorney.

What Should You Do Next?

If you’re facing financial difficulties after a breakup with a partner you were never legally married to, consider the following steps:

  • Consult a Family Law Attorney: An experienced lawyer can help you understand your rights and explore possible legal remedies based on your specific situation.
  • Gather Documentation: Collect any relevant documents, such as property deeds, bank statements, agreements, or records of financial contributions.
  • Discuss Mediation: Sometimes, former partners can reach an agreement through mediation without going to court.
  • Consider Legal Action: If an agreement isn’t possible, your attorney can advise you on filing a lawsuit for property division or other claims.

These steps can help you protect your legal rights and interests.

In Georgia, the court cannot require your ex to pay alimony if you were never legally married. However, you may have other legal options to address financial issues stemming from your relationship. Consulting with a qualified family law attorney can help you navigate these challenges and find the best path forward.

Contact the Divorce Lawyers at Crystal Wright Law To Get Legal Assistance Today

In Georgia, the court cannot require your ex to pay alimony if you were never legally married. However, you may have other legal options to address financial issues stemming from your relationship. Consulting with a qualified family law attorney can help you navigate these challenges and find the best path forward.

To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today.

We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at

Crystal Wright Law
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 594-2143