Spousal Support — What It Is and When It Arises
Under the Civil Code of Georgia, spouses are obliged to provide each other with material assistance. Where such assistance is refused or the spouses have no agreement on the provision of support, the right to receive support through the courts belongs to an incapacitated spouse who needs material assistance, and to the wife during pregnancy and for three years from the birth of the child. This norm defines the closed circle of situations in which a court may establish spousal support, and any statement of claim must begin precisely from these grounds — otherwise the claim will prove unfounded.
The Incapacitated Spouse After Divorce
An incapacitated spouse who needs assistance from the other spouse retains the right to receive support after divorce as well, provided they became incapacitated before the divorce or within one year from the day of the divorce. In practice, this is where most disputes arise: the parties often contest when and why the incapacity occurred, which is why the correct presentation of medical documentation and chronology forms the basis of a successful claim. It is equally important to record precisely the moment when the spouse needed assistance and when the other side refused to provide it — these circumstances determine whether the claim falls within the statutory time limits.
We approach such cases in two steps. First, we verify that the factual matrix matches one of the statutory grounds: the nature of the incapacity, its onset and its connection in time with the divorce. Second, we assemble the documentary record — medical evidence, employment history and evidence of the parties’ respective material positions — so that the court sees the complete picture rather than the assertions of one side. This preparation directly influences both the establishment of the right itself and the amount ultimately awarded.
The Amount of Support and Its Modification
The amount of support payable for the benefit of a spouse is determined as a monetary sum payable monthly, taking into account the material and family situation of the spouses. Where the material or family situation of either spouse changes, each spouse has the right to apply to the court with a claim for modification of the amount — this covers both increase and reduction. Support is not a figure fixed once and forever: it follows the life circumstances of both parties, and presenting that dynamics correctly in court requires the support of an experienced lawyer.
Release from the Obligation and Extinction of the Right
The law also protects the paying spouse. The court may release a spouse from the maintenance obligation or modify that obligation for a fixed term if the spouses were married for a short time, or the spouse demanding material assistance committed unworthy conduct towards the payer, and also where the claimant spouse’s incapacity was caused by the use of alcoholic beverages or narcotic substances or by the commission of an intentional crime by that spouse. On the other hand, the right to receive support from a spouse is extinguished when the statutory grounds no longer exist, and also where the recipient spouse remarries. If these circumstances are left unsubstantiated, the court cannot rely on them as a basis for terminating or modifying support.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Who may claim spousal support?
Through the courts, support may be claimed by an incapacitated spouse needing material assistance, and by the wife during pregnancy and for three years from the child’s birth. An incapacitated spouse retains this right after divorce if the incapacity arose before the divorce or within one year from the divorce date.
How is the amount of support determined?
As a monetary sum payable monthly, taking into account the spouses’ material and family situation. When that situation changes, either spouse may apply to the court to modify the amount.
When does the obligation to pay support end?
The right to receive support is extinguished when the statutory grounds no longer exist, or when the recipient remarries. In addition, the court may release a spouse from the obligation or modify it for a fixed term — for example, in the case of a short marriage or unworthy conduct.
Can the amount be changed later?
Yes. Where the material or family situation of either spouse changes, each spouse has the right to apply to the court for modification of the amount — both upwards and downwards.
How We Help on Legal.ge
The advocates of Legal.ge assist with every stage of a spousal support matter: we assess whether a statutory ground for support exists in your case, prepare the claim for establishing, modifying or contesting the amount, gather evidence of the spouses’ material and family situation and represent your interests in court. We defend the position of both the claimant and the payer. Book a consultation — we will meet you in the office or online and give you a realistic assessment of your case.