In Georgian family disputes, the word alimony may be used for both child support and maintenance between spouses. They have different legal grounds. A spouse's lower income, career break or former standard of living does not, by itself, establish a general right to post-divorce support under Georgian law.

Maintenance between spouses

Article 1182 of the Civil Code obliges spouses to support each other. Where support is refused and there is no maintenance agreement, the provision identifies the persons entitled to claim through court: a disabled spouse who needs material support, and a wife during pregnancy and for three years after a child's birth.

Article 1183 addresses the continuing right of a disabled spouse after divorce. The statutory condition is that the disability arose before divorce or within one year after it. A claim therefore starts with the applicable legal ground and evidence, rather than a general comparison of the former spouses' earnings.

Amount, changes and termination

Under Article 1185, spousal maintenance is determined as a monthly monetary amount taking account of the spouses' material and family circumstances. A change in those circumstances can justify a claim to change the amount.

Article 1184 allows the court to release a spouse from the duty, or limit it for a period, on specified grounds. These include a short marriage, an indecent act by the person seeking maintenance against the paying spouse, and disability caused by alcohol or drug abuse or an intentional offence. This is not a general rule that every allegation of marital fault increases or reduces an award.

Article 1186 provides for the right to end when the qualifying grounds cease or the recipient remarries. Entitlement, amount and duration should be analysed separately.

Child support is a separate obligation

The Civil Code separately requires parents to maintain their minor children and, in the statutory circumstances, children who are unable to work and need support. Child support is the child's entitlement; it should not be confused with a claim for maintenance by a former spouse.

If the parents do not agree, the court determines support under the applicable provisions, taking account of the child's needs and the parents' actual material circumstances. A fixed percentage borrowed from another country's system should not be presented as a universal Georgian formula.

A dispute about contact with a child does not, by itself, extinguish the support obligation. Residence, contact, parental responsibility and maintenance may require separate claims and evidence.

Evidence to prepare

Marriage, divorce and birth records relevant to the claim.
Medical and other evidence supporting the particular statutory entitlement.
Income, property, benefits and necessary-expense records.
Evidence of the child's regular needs where child support is sought.
Any maintenance agreement, earlier order and payment history.

For a spousal claim, the evidence must support both the legal ground and the amount requested. For child support, the child's needs and the parents' financial position must be documented. An unsupported household budget or an allegation that the other person must be wealthy may not establish the required facts.

Agreements and enforcement

Parties can discuss maintenance arrangements, but the agreement's form, enforceability and effect on a child's rights need careful review. A private promise to pay is not automatically equivalent to an enforceable court decision.

If payments stop, retain the order or agreement, the amounts due, bank records and correspondence. We assess the available enforcement procedure and whether an additional court step is required.

International families

Where a spouse, child, income or property is abroad, jurisdiction, applicable law, service and recognition of orders need to be checked. Georgian proceedings do not automatically establish that an order can be enforced in every other country.

Likewise, a foreign maintenance decision should not be ignored merely because a party has moved to Georgia. The recognition and enforcement arrangements depend on the countries, treaty position and decision.

Official source and legal assistance

See the Civil Code of Georgia, Articles 1182–1186 and 1212 onwards. Our family law team can identify the correct claim, prepare evidence and assess interim or enforcement steps appropriate to the case.

Alimony Law Georgia: What Courts Consider