Georgia’s Supreme Court has not squarely decided whether a prenuptial agreement’s alimony waiver bars temporary alimony.
Support Ordered, Then Suspended
In Vakharwala v. Vakharwala, 301 Ga. 251 (2017), the agreement said that “in the event of a marital separation or dissolution,” neither spouse would “seek or obtain any form of alimony or support from the other.” While the divorce was pending, the trial court ordered $24,000 in temporary support and $25,000 in legal fees. It suspended the support when the husband moved to enforce the agreement, then, once the wife conceded it was binding, found it enforceable and ended temporary alimony.
He never asked the trial court to return the payments as not due under the agreement, so to the extent his appeal claimed error “by failing to ‘credit’ or return such payment to him or by awarding such payments in the first place,” the Supreme Court held it waived.
With the agreement enforced, “alimony is not an issue in this divorce action,” the Court said, and neither were attorney’s fees under OCGA 19-6-2, which are part of temporary alimony, as our post on alimony waivers and attorney’s fees explains.
No Credit Against the Agreement’s Lump Sum
Langley v. Langley, 279 Ga. 374 (2005), involved an agreement promising the wife a $25,000 lump sum, with each spouse waiving other alimony and attorney’s fees “in the event of a dissolution.” The husband had paid temporary alimony and fees, much of it in three earlier divorce actions he filed and dismissed. The trial court counted those payments toward the $25,000; the Supreme Court reversed that ruling.
The agreement had no offset clause and tied the lump sum and the waiver to the dissolution, so the provision “did not encompass sums expended in obtaining such dissolution or in prior litigation.” The Court also relied on the nature of temporary alimony, the great disparity in the spouses’ finances, and the dismissed suits.
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!