Temporary alimony that came due and went unpaid while a Georgia divorce was pending is still owed after the final decree, even if the decree awarded no alimony at all.
The Decree Does Not Wipe It Out
In Newton v. Newton, 238 Ga. 282 (1977), a husband was held in contempt after the final decree for temporary alimony that had accrued before it. The Georgia Supreme Court affirmed: “Any arrearage which accrued under the temporary order prior to rendition of the final decree may properly be the subject of contempt proceedings initiated subsequent to the final decree.” Likewise, Moore v. Moore, 207 Ga. 335 (1950), allows suit on it “after the final verdict disallowing permanent alimony.”
The Jury Cannot Undo It
In Thompson v. Thompson, 259 Ga. 817 (1990), the jury declined to reimburse the wife for repairs and tuition the temporary order had required the husband to pay, and the trial court then refused contempt for the same items. The Supreme Court reversed: “The jury’s verdict in deciding the final divorce issues cannot affect the provisions of the temporary order, which was still in effect.” And Lewis v. Lewis, 278 Ga. 570 (2004), holds the claim is not waived by failing to raise it at trial.
Dismissal
Dismissal is no different. In Le v. Sherbondy, 301 Ga. 28 (2017), the Supreme Court held that “the dismissal of an underlying domestic relations action does not bar the later enforcement by contempt of temporary alimony payments that became due before the dismissal.”
Unless You Sign It Away
A settlement can waive them. In Rich v. Rich, 236 Ga. 839 (1976), the temporary order made the husband responsible for the income tax on the temporary alimony, but the final decree recited “an accord and satisfaction of all claims of either party against the other of every kind and character,” and said nothing about the taxes. Contempt was denied.
Contact Us
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!