Periodic alimony in Georgia ends when either former spouse dies, but lump sum alimony and payments that were already due do not.
The Rule
Moore v. Moore, 286 Ga. 505 (2010), states it in one clause: “alimony terminates at the death of either the paying or receiving spouse.” Laughridge v. Laughridge, 219 Ga. 415 (1963), shows how far that goes. A 1944 decree ordered $150 a month “to be paid her for her natural life unless she should sooner remarry,” and the husband paid until he died in 1962. Even though the decree spoke of her natural life, the payments ended with his, and his estate owed nothing further. What makes an award periodic is in our periodic alimony post.
What Was Already Due
Installments already due are a debt, not future alimony. In Cannon v. Cannon, 270 Ga. 640 (1999), the wife died while her alimony case was on appeal. The Supreme Court decided the appeal anyway, because “the amount of alimony due to her estate” before her death was still at issue.
Lump Sum Alimony Is Different
In Brand v. Bradberry, 256 Ga. 457 (1986), the husband owed $350 a month for 121 months, secured by a deed to the former marital home. He died with most payments unpaid, and his executors sued to cancel the deed. The Supreme Court refused: “If the obligation is lump sum alimony, it did not terminate upon Donald’s death.” Our lump sum alimony post explains how to tell the two apart.
Death Before the Alimony Order
Under OCGA 19-6-1(d), “[s]hould either party die prior to the court’s order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.” A claim pending at death is not lost. Whether the payer’s estate can be made to continue periodic alimony, and how to plan for it, are our next two posts.
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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!