Putting your alimony agreement into the decree turns a contract into a court order: enforceable by contempt, changed only by the court, and binding even on terms a judge could not have ordered.
It Becomes a Judgment for Alimony
McClain v. McClain, 235 Ga. 659 (1975), states the rule: where spouses “settle alimony rights” by contract and the contract “is approved by the court and by agreement incorporated in and made a part of the final decree, it thus becomes and is an adjudication of that issue and enforceable as any other judgment or decree for alimony.” OCGA 19-6-4(b) allows enforcement “by attachment for contempt.”
Left out of the decree, it is only a contract, enforced by a lawsuit rather than contempt, as our separation agreement posts explain.
Changed Only by the Court
Once incorporated, periodic alimony can still be revised under OCGA 19-6-19(a) when income and financial status change, but only by the court: spouses who agree on a change “must present their agreement to the court for its approval.” Meredith v. Meredith, 238 Ga. 595 (1977). A waiver of modification must be in clear language referring to that right, Varn v. Varn, 242 Ga. 309 (1978), which has its own post.
Terms a Judge Could Not Have Ordered
An agreement can commit a spouse to more than a court could impose: “A party cannot change the substantive law of Georgia but can in these circumstances alter its effect as to him by incurring obligations which go beyond the minimum requirements of the law.” Katz v. Katz, 258 Ga. 184 (1988).
Nor can a court later modify them. In Lane v. Titus, 259 Ga. 264 (1989), a father had agreed to pay his child’s college expenses, and because “the modification powers of a trial court are no greater than its powers during the original proceedings,” a jury could not revise that promise. The exception, under Katz, is an agreement that itself allows court adjustment.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!