O.C.G.A. § 19-6-8 (2019)

Annotations

Law reviews. For article, “Conflict of Laws Between

Community Property and Common Law States in Division of Marital-Property on Divorce,” see 12 Mercer L. Rev. 287 (1961). For note, “The Impact of the Revolution in Georgia’s Divorce Law on Antenuptial Agreements,” see 11 Ga. L. Rev. 406 (1977).

JUDICIAL DECISIONS Applicability of section. - Provisions of statute must not be confused with temporary alimony settlements. Finch v. Finch, 213 Ga. 199, 97 S.E.2d 576, 1957 Ga. LEXIS 340 (1957). Statute had no application to cases after parties’ agreement was made court’s judgment of permanent alimony. Stanton v. Stanton, 223 Ga. 664, 157 S.E.2d 453, 1967 Ga. LEXIS 654 (1967). Voluntary deed as bar to permanent alimony is limited to two instances, voluntary separation or when the wife, against her will, is abandoned or driven off by the husband, and it contemplates the release of the husband from the wife’s claims for permanent alimony. Stanton v. Stanton, 223 Ga. 664, 157 S.E.2d 453, 1967 Ga. LEXIS 654 (1967). Action by wife based solely upon

contract for support is not action for alimony or an “alimony case” within the constitutional provision relating to jurisdiction of the Supreme Court. Hayes v. Hayes, 191 Ga. 237, 11 S.E.2d 764, 1940 Ga. LEXIS 616 (1940). Agreement for separate support allowance to wife. - Valid agreement may be made between husband and wife, contemplating immediate separation, for a separate allowance to the wife for her support. Green v. Starling, 203 Ga. 10, 45 S.E.2d 188, 1947 Ga. LEXIS 545 (1947). Support contract valid whether made after separation or immediately before. - Contract providing for the wife’s support which is made after a separation has taken place, or immediately before a separation which has already been determined upon, is valid and

enforceable. Richards v. Richards, 85 Ga. App. 605, 69 S.E.2d 911, 1952 Ga. App. LEXIS 794 (1952). Separation agreement void when provisions tend to promote dissolution of marriage. - Agreement pleaded by husband as a bar to the right of wife to be awarded alimony, containing provision that either party “may at any time bring his or her action for divorce, and the same will not be contested, provided the proceeding is based upon some other lawful ground than that which will involve the character or chastity of either party of this agreement,” rendered the agreement void as tending to promote a dissolution of the marriage relation, and constituted no bar to the claim of the wife for alimony in a divorce proceeding subsequently instituted by the husband. Law v. Law, 186 Ga. 113, 197 S.E. 272, 1938 Ga. LEXIS 579 (1938). Estoppel when one accepts benefits under separation agreement. - When one accepts benefits under separation agreement, one is estopped to set aside divorce decree which gave rise to the agreement. Sikes v. Sikes, 231 Ga. 105, 200 S.E.2d 259, 1973 Ga. LEXIS 601 (1973). Effect of voluntary cohabitation upon support agreement. - Upon subsequent voluntary cohabitation, a separation support agreement shall be annulled and set aside. Powell v. Powell, 196 Ga. 694, 27 S.E.2d 393, 1943 Ga. LEXIS 411 (1943). Return of property received under agreement. - It is not necessary for wife

to return property received under agreement in order for the subsequent voluntary cohabitation to render the agreement a nullity. The husband effectually gave his consent to annulling the agreement by resuming the marital status. Powell v. Powell, 196 Ga. 694, 27 S.E.2d 393, 1943 Ga. LEXIS 411 (1943). Contract for installment payments enforceable by executor. - When the husband promises to pay a lump sum for the wife’s support, payable in installments, and the wife dies before all the installments are paid, her executor may sue for the unpaid installments as they severally mature. Melton v. Hubbard, 135 Ga. 128, 68 S.E. 1101, 1910 Ga. LEXIS 439 (1910). Decree should accurately reflect a settlement reached by the parties; therefore, the trial court cannot be allowed to make substantive additions in voluntary agreements made before the court. Robinson v. Robinson, 261 Ga. 330, 404 S.E.2d 435, 1991 Ga. LEXIS 237 (1991). Claim sustainable under oral agreement. - O.C.G.A. §§ 19-6-7 and 19-6-8 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, 1992 Ga. App. LEXIS 1831 (1992).

RESEARCH REFERENCES C.J.S. 27B C.J.S., Divorce, §§ 516 et seq., 527 et seq., 610 et seq., 623 et seq. ALR. What amounts to a “final division and distribution” of estate within statute allowing such in lieu of alimony, 1 A.L.R. 1106. Validity of separation agreement as affected by fraud, coercion, unfairness, or mistake, 5 A.L.R. 823. Rights and remedies as between husband and wife in respect of separation

agreement invalid as contrary to public policy, 109 A.L.R. 1174. Validity of provision of separation agreement for cessation or diminution of payments for wife’s support upon specified event, 4 A.L.R.2d 732. Parol evidence to show duration of written contract for support or maintenance, 14 A.L.R.2d 897. Construction and effect of provision in separation agreement that wife is to have portion of “income,” “total income,” “net income,” and the like, 79 A.L.R.2d 609.

Divorce: power of court to modify decree for alimony or support of spouse which

was based on agreement of parties, 61 A.L.R.3d 520.