After 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; however, such permanent provision shall be continued to the other party or a portion of the deceased party's estate equivalent to the permanent provision shall be set apart to the other party.
(Orig. Code 1863, § 1699; Code 1868, § 1742; Code 1873, § 1752; Code 1882, § 1752; Civil Code 1895, § 2472; Civil Code 1910, § 2991; Code 1933, § 30-218; Ga. L. 1979, p. 466, § 21.)
Law reviews.- For comment criticizing Berry v. Berry, 208 Ga. 285, 66 S.E.2d 336 (1951), holding death of husband terminates duty to pay alimony, see 14 Ga. B.J. 240 (1951).
JUDICIAL DECISIONS
Separation agreement not addressing alimony.
- Since the separation agreement entered into between the deceased and his common-law wife did not address the issue of alimony, O.C.G.A. § 19-6-7 does not apply; the agreement contained mutual promises regarding visitation, child support, and the division of the real and personal property of the parties, yet did not specifically address any matters regarding alimony or spousal maintenance. Beals v. Beals, 203 Ga. App. 81, 416 S.E.2d 301, cert. denied, 203 Ga. App. 905, 416 S.E.2d 301 (1992).
Regular periodical payments of alimony are terminated upon husband's death, in the absence, at least, of some stipulation in the order which would require payments after the husband's death. Berry v. Berry, 208 Ga. 285, 66 S.E.2d 336 (1951), for comment, see 14 Ga. B.J. 240 (1951).
When alimony is awarded solely to the wife by a decree of court, and the decree does not specifically provide that the alimony payments shall continue after the death of the husband, the wife's claim for alimony is terminated upon the husband's death. Ramsay v. Sims, 209 Ga. 228, 71 S.E.2d 639 (1952), overruled on other grounds, Dolvin v. Dolvin, 248 Ga. 439, 284 S.E.2d 254 (1981).
Obligation to pay alimony terminates upon the death of the obligor, absent, of course, a clear express agreement to the contrary. Dolvin v. Dolvin, 248 Ga. 439, 284 S.E.2d 254 (1981).
Valid contracts settling property enforceable after death of party.
- Valid and enforceable contract may be made by a husband and wife, when they are living in a bona fide state of separation, settling all issues as to alimony for the wife, and providing for the support of minor children. When such a contract is made, providing for the settlement of questions pertaining to the joint property, and provision is made for the support of minor children, it is a general rule that such contracts are valid and enforceable after the death of the husband. Ramsay v. Sims, 209 Ga. 228, 71 S.E.2d 639 (1952), overruled on other grounds, Dolvin v. Dolvin, 248 Ga. 439, 284 S.E.2d 254 (1981).
Doctrine of virtual or equitable legitimation.
- When decedent's actions indicated that he was in the process of taking all the necessary steps to ensure that the child whom he and the appellant cohabitant had conceived would be born into a legitimate family environment, and everything necessary for his divorce from his estranged wife was complete except for the final decree, and there was clear and convincing evidence that decedent intended for his unborn child to be born into a legitimate family environment, his unexpected death will not defeat the claim of the child, who may inherit under the doctrine of virtual legitimation. Simpson v. King, 259 Ga. 420, 383 S.E.2d 120 (1989).
Allowance of permanent alimony bars wife of her rights to year's support from her husband's estate. Stewart v. Stewart, 43 Ga. 294 (1871); Harris v. Davis, 115 Ga. 950, 42 S.E. 266 (1902); Hall v. First Nat'l Bank, 89 Ga. App. 853, 81 S.E.2d 522, cert. denied, 348 U.S. 896, 75 S. Ct. 215, 99 L. Ed. 704 (1954).
If permanent alimony is either granted by judgment of a court, or the alimony suit is settled by contract between the parties, whereby she accepts money or property in settlement of the claim for permanent alimony, and such contract is not annulled by subsequent cohabitation and reconciliation, it bars her of her right of year's support from her husband's estate, and she ceases to have any further interest in his estate in her right as wife. McKie v. McKie, 213 Ga. 582, 100 S.E.2d 580 (1957).
Effect of settlement contract executed in lieu of alimony.
- When there was a valid contract between husband and wife, "in settlement of all claims for alimony, attorney's fees, and support of herself, which have accrued or may accrue afterwards," and when it was stipulated in the same contract that the wife released the husband from "any and all obligations to make further provision for her support," the wife had no further interest in the husband's estate for year's support. Gore v. Plair, 173 Ga. 88, 159 S.E. 698 (1931).
Claim sustainable under oral agreement.
- O.C.G.A. §§ 19-6-7 and19-6-8 did not apply to bar surviving husband's claim of year's support against wife's estate because they do not encompass oral agreements that fail to provide or otherwise address alimony or support issues. Bird v. Bishop, 207 Ga. App. 11, 427 S.E.2d 301 (1993).
Cited in Hayes v. Hayes, 248 Ga. 526, 283 S.E.2d 875 (1981); Dolvin v. Dolvin, 248 Ga. 439, 284 S.E.2d 254 (1981); Wilson v. Willard, 183 Ga. App. 204, 358 S.E.2d 859 (1987); Head v. Head, 234 Ga. App. 469, 507 S.E.2d 214 (1998).
RESEARCH REFERENCES
Am. Jur. 2d.
- 24A Am. Jur. 2d, Divorce and Separation, § 697.
C.J.S.- 27B C.J.S., Divorce, §§ 592 et seq., 630.
ALR.
- Death of husband as affecting alimony, 18 A.L.R. 1040; 39 A.L.R.2d 1406.
Right of wife after husband's death to enforce provision of separation agreement for continuance of payments for her support as affected by intervening divorce decree, 147 A.L.R. 708.
Husband's death as affecting periodic payment provision of separation agreement, 5 A.L.R.4th 1153.
Death of obligor spouse as affecting alimony, 79 A.L.R.4th 10.