A separation agreement that settles support can cut off what a surviving spouse takes from the other spouse’s estate. Whether it does turns on how the agreement was made.
What the Statute Does
Under OCGA 19-6-7, “[a]fter permanent alimony is granted, upon the death of the party liable for the alimony the other party shall not be entitled to any further interest in the estate of the deceased party by virtue of the marriage contract between the parties.” The statute then preserves what was bargained for, providing that “such permanent provision shall be continued to the other party” or that an equivalent portion of the estate “shall be set apart to the other party.”
An Agreement Can Trigger It
In Hall v. First National Bank, 89 Ga. App. 853 (1954), an executed separation agreement in satisfaction of all rights to alimony barred the widow’s year’s support claim. The Court of Appeals held the bar applied “although the contract is not made the decree of court, and although it does not specifically state that it is ‘in lieu of year’s support.’”
But Only a Real One
Bird v. Bishop, 207 Ga. App. 11 (1992), marks the limit. A husband and wife announced settlement terms in open court, then never memorialized them, and were still negotiating when the wife died before any divorce decree. The trial court held his year’s support claim barred.
The Court of Appeals reversed. Because the agreement was oral and never addressed alimony or support, “there is no ‘written’ agreement containing ‘adequate provision’ for support to fulfill the requirement set forth in the plain language of OCGA 19-6-8.”
Dividing property is not the same as settling support, and an unwritten deal is not the statutory agreement at all.
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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!