Georgia periodic alimony survives the recipient’s remarriage only if the decree expressly says that remarriage will not end it.
The Daopoulos Rule
OCGA 19-6-5(b) ends permanent alimony at remarriage “unless otherwise provided,” and Daopoulos v. Daopoulos, 257 Ga. 71 (1987), decided what that takes. The decree there ran the alimony “until the children reach the age of eighteen (18) years,” and the wife remarried first. The Georgia Supreme Court announced the rule: the instrument “must expressly refer to remarriage of the recipient and specify that event shall not terminate the permanent alimony obligations created thereby. The language must be clear and unequivocal.” It governs “permanent alimony obligations created after June 25, 1987”; older decrees are read for the parties’ intent under Wiley v. Wiley, 243 Ga. 271 (1979).
Who Can Provide Otherwise
A judge can. In Allen v. Allen, 265 Ga. 53 (1995), a decree entered after a bench trial said the “alimony payments shall not terminate upon the remarriage of the Plaintiff.” The husband argued only a settlement agreement could say that, but the statute reaches obligations “however created,” so a judge’s decree may provide otherwise. So can an agreement or a jury verdict.
Words That Are Not Enough
In Edwards v. Benefield, 260 Ga. 238 (1990), an agreement paid $200 a month for six years and $100 a month “permanently” after that. “Permanently” was “ambiguous and is therefore insufficient,” and the alimony ended at the wife’s remarriage. In Crosby v. Tomlinson, 263 Ga. 522 (1993), the wife was to receive half of the husband’s military and veterans’ benefits, with no mention of remarriage. With “neither language from which it can be concluded that the alimony obligation will continue following appellee’s remarriage, nor language creating an ambiguity regarding this issue,” it ended.
So “until she dies,” “permanently,” or “for ten years” does not do it. The decree has to say remarriage, and say it will not matter.
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