In McCoy v. McCoy, the Supreme Court of Georgia unanimously affirmed an order by a DeKalb County Superior Court judge. It seems that after the case was heard but before the ruling was entered, the husband moved back in to the former marital residence and it was undisputed that he and the wife engaged in sexual relations several times over the next several months. When the Court issued its ruling, which included awards of child support and rehabilitative alimony to the wife, "husband filed a motion for new trial alleging for the first time that the parties had reconciled while living together" before a final judgment was entered on the petition for divorce. The trial court denied the motion.

In affirming the court below, the Supreme Court found that "husband had within his knowledge prior to entry of the final judgment all of the facts with reference to the purported reconciliation that he now has, but he failed to bring such evidence to the attention of the court." The Court also found that "the trial court did not abuse its discretion in making its award" of child support and alimony.

SOURCE: Supreme Court of Georgia