Yes. Because Georgia treats attorney’s fees under OCGA 19-6-2 as alimony, a valid agreement waiving alimony also bars a fee award under that statute.
The Rule
In Vakharwala v. Vakharwala, 301 Ga. 251 (2017), a prenuptial agreement barred either spouse from seeking any form of alimony or support. The trial court enforced it, then awarded the wife $60,000 in fees under OCGA 19-6-2. The Georgia Supreme Court reversed: fees under the statute are an intrinsic part of temporary alimony, and alimony was no longer in the case.
Other agreements work alike. In McClain v. McClain, 237 Ga. 80 (1976), a reconciliation agreement barred a wife from suing for alimony, so in her later divorce, “since attorney fees are a part of alimony, attorney fees were also barred.” In Dovel v. Dovel, 352 Ga. App. 423 (2019), the “waiver of alimony in the settlement agreement precluded the attorney fees award,” although the agreement reserved the fee issue for the judge.
What the Waiver Does Not Reach
Fees under other statutes. As Dovel notes, OCGA 19-6-2 “does not provide the only statutory basis upon which an award of attorney fees can be sought in a divorce proceeding.” In Vakharwala, the same decision left standing a $98,385 award under OCGA 9-15-14 for the husband’s litigation abuses; such fees, the court said, are unrelated to alimony.
Wording matters, too. In Langley v. Langley, 279 Ga. 374 (2005), a prenuptial waiver of alimony and attorney’s fees took effect on dissolution, and the Supreme Court held it “did not encompass sums expended in obtaining such dissolution or in prior litigation,” so the husband could not claw back temporary alimony and fees paid during the case.
Whether the waiver is valid at all is a separate question, covered in our prenuptial and separation agreement posts; if the agreement is not enforced, the fee bar falls with it. Scott v. Scott, 251 Ga. 619 (1983).
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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!