Re-Marriage

As discussed in our sections concerning lump sum alimony and periodic alimony, an award of lump sum alimony is not subject to termination under Georgia law. Weaver v. Dutton, 232 Ga. 832 (1974). However, an award of periodic alimony is subject to termination for various reasons. One such reason is the remarriage of the recipient spouse. According to Georgia law, “all obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.” O.C.G.A. § 19-6-5(b). In other words, if the recipient spouse remarries, he or she is no longer entitled to alimony.

In Georgia, only the remarriage of the recipient spouse terminates alimony - the remarriage of the obligated spouse has no effect on alimony payments. The termination of alimony caused by the remarriage of the recipient spouse is automatic under Georgia law unless the divorce decree or the parties’ marital settlement agreement provides otherwise. If the divorce decree or the settlement agreement is silent concerning this issue, alimony will end upon remarriage. However, if the decree or agreement specifically provides for the continuance of alimony upon the remarriage of the recipient spouse, alimony will continue. See Crosby v. Tomlinson, 263 Ga. 522 (1993); Daopoulos v. Daopoulos, 257 Ga. 71 (1987).

Not only may the remarriage of the recipient spouse terminate alimony in Georgia, but the cohabitation of the recipient spouse or the death of either former spouse may terminate alimony as well. See our sections concerning these topics for more details.