Yes. Under OCGA 19-6-5(b), periodic alimony ends when the recipient remarries, unless the decree says otherwise.
What the Statute Says
OCGA 19-6-5(b) provides: “All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.” So it applies whether the alimony came from an agreement, a judge, or a jury. In Metzler v. Metzler, 267 Ga. 892 (1997), the statute “applies to alimony obligations created by verdict,” so a decree ending alimony at remarriage stood although the verdict mentioned only death. And only obligations whose time for performance “has not arrived” end, so anything already due is still owed.
What Counts as Remarriage
A ceremonial marriage counts even if it is void. In Beebe v. Beebe, 227 Ga. 248 (1971), the husband was “relieved of making further alimony payments when she enters into a ceremonial marriage although such marriage may later be annulled.” Living with someone is not remarriage; cohabitation is instead a ground to modify alimony under OCGA 19-6-19(b), covered in our cohabitation posts.
Timing, and Raising It
Remarriage before the final judgment bars an alimony award altogether. In Kristensen v. Kristensen, 240 Ga. 670 (1978), the wife remarried before the final hearing, so a $2,642 lump sum award “must be written off,” though the property division and attorney’s fees stood. And the payer must raise it in the trial court; in White v. White, 253 Ga. 388 (1984), it was too late because the “husband did not raise the issue of wife’s remarriage until the appeal.”
What Survives
Lump sum alimony and property division are untouched. In Douglas v. Cook, 266 Ga. 644 (1996), $200 a month for seven years with “no limitation or contingency, such as remarriage or death” was lump sum alimony and “did not terminate upon Douglas’ remarriage.” How to make periodic alimony survive remarriage is its own post.
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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!