Sims v. Sims, 253 S.E.2d 762 (Ga. 1979). · Go Syfert
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Sims v. Sims, 253 S.E.2d 762 (Ga. 1979). Cases Citing This Book View Copy Cite
19 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Franklin v. Hill (ga, 1994-06-27)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Franklin v. Hill (2×)
Ga. · 1994 · confidence medium
Co. of N. America v. Russell, 246 Ga. 269, 271 ( 271 SE2d 178 ) (1980) (declaring unconstitutional a workers' compensation law that gave a conclusive presumption of dependency to widows, but not widowers); Stitt v. Stitt, 243 Ga. 301 ( 253 SE2d 764 ) (1979) (holding alimony statutes unconstitutional because they failed to allow alimony awards to husbands); Sims v. Sims, 243 Ga. 275, 276 ( 253 SE2d 762 ) (1979) (invalidating "live-in lover" bill that provided for modification of alimony of the wife, but not the husband). [4] Even if the statute were related to the deterrence of unwanted pregnan…
cited Cited "see" Buckner v. Buckner
Ga. · 2014 · signal: see · confidence high
See Kennedy v. Kennedy, 243 Ga. 275 ( 253 SE2d 761 ) (1979).
discussed Cited "see" Sims v. Sims (2×)
Ga. · 1980 · signal: see · confidence high
See Sims v. Sims, 243 Ga. 275 ( 253 SE2d 762 ) (1979).
discussed Cited "see, e.g." Denny C. Cormier v. Maria Green (2×)
11th Cir. · 2005 · signal: see also · confidence low
See Stitt v. Stitt, 243 Ga. 301 , 253 S.E.2d 764, 765 (1979) (holding that temporary alimony statutes violated federal equal protection of the laws because they failed to allow alimony awards to husbands); see also Sims v. Sims, 243 Ga. 275 , 253 S.E.2d 762, 762 (1979) (invalidating as a violation of federal equal protection a “live in lover” bill that provided for modification of alimony of the wife, but not of the husband).
Sims
v.
Sims
34228.
Supreme Court of Georgia.
Mar 8, 1979.
253 S.E.2d 762
Fitzgerald & Crane, Wilbur T. Fitzgerald, for appellant., Drew & Jones, James B. Drew, Jr., Don M. Jones, for appellee.
Undercofler.
Cited by 10 opinions  |  Published
Undercofler, Presiding Justice.

We granted an interlocutory appeal to consider the constitutionality of the so-called "live in lover” bill provided for in Ga. L. 1977, pp. 1253, 1255, § 1 (b) (Code[*276] Ann. § 30-220 (b)). The trial court upheld the Act. We reverse.

Argued November 15, 1978 Decided March 8, 1979. Fitzgerald & Crane, Wilbur T. Fitzgerald, for appellant. Drew & Jones, James B. Drew, Jr., Don M. Jones, for appellee.

This section provides: "Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of the wife, the voluntary cohabitation of the former wife with a man shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former wife. As used herein, the word cohabitation shall mean dwelling together continuously and openly. In the event the petitioner does not prevail in his petition for modification on the ground as set forth herein, he shall be liable for reasonable attorney’s fees incurred by the respondent for the defense of said action.”

The statute provides only for the modification of alimony awarded to the wife and this is a classification by gender which violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Orr v. Orr, - U. S. - (99 SC 1102, 59 LE2d -) (1979).

This section is severable and the constitutionality of the remaining portions of the statute are not attacked and accordingly not addressed here.

Judgment reversed.

All the Justices concur.