Not Every Type of Alimony Can Be Modified
No, not every type of alimony may be modified
in Georgia. Periodic alimony may be modified. However, lump sum alimony cannot
be modified. A gross or lump sum alimony award is characterized by an
exact number and amount of payments without other limitations, conditions or
statements of intent, so that the amount of the award is not contingent on
future events but rather is ascertainable at the time the divorce decree is
entered. Rivera v. Rivera, 283 Ga. 547 (Ga. 2008).
Alimony in gross or
lump sum alimony is in the nature of a final property settlement and
such an award cannot be modified. Daniel v. Daniel, 277 Ga. 871 (Ga.
2004). It is within the trial court's discretion to establish an installment
payment schedule for a lump sum alimony award that varies over time. Patel
v. Patel, 285 Ga. 391 (Ga. 2009).
Examples of lump sum alimony:
"Husband
pays to Wife $3,750 in alimony for a 36-month period, and then $1,500 per month
until Wife's death or remarriage." (the first portion was held to be lump sum
alimony). Daniel v. Daniel, 277 Ga. 871 (Ga. 2004).
"The
sum of $500.00 per month as alimony … for a total of 60 months and a total
payment of $30,000.00." Rivera v. Rivera, 283 Ga. 547 (Ga. 2008).
"Monthly
alimony of $5,000 for the first year; $4,000 for the following two years; and
$3,000 for the final year." Patel v. Patel, 285 Ga. 391 (Ga. 2009).
Examples of periodic alimony:
"Husband
to make a specific number of alimony payments in specific amounts, and
terminates Husband's alimony obligation upon the Wife's remarriage." Dillard
v. Dillard, 265 Ga. 478 (1995).
"Husband
shall obtain a term life insurance policy in the amount of $100,000, naming Wife
as the beneficiary, and to keep the policy in effect for 12 years." White v.
Howard, 295 Ga. 210 (2014).
"The
Husband shall pay to the Wife the following sums as alimony, which payments
shall be taxable to the Wife and tax deductions for the Husband for purposes of
state and federal income taxes:
1.
$ 1,500.00 per month for a period of sixty (60) months;
2.
$ 1,000.00 per month for a period of sixty (60) months;
3.
$ 500.00 per month for a period of sixty (60) months.
Said payments shall
begin on November 1, 1998, and shall be payable on the first day of each month thereafter
until one hundred-eighty (180) payments have been made. Even though said
payments are alimony, they shall continue even if the Wife should
remarry and they
shall cease only upon the death of the Wife or until one hundred-eighty (180) payments
have been made, whichever first occurs." (emphasis supplied.)
Shepherd
v. Collins,
283 Ga. 124 (2008).
Written by: Daesik Shin