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David Jonathan Beaudry

David Beaudry’s Answers

1 total

  • Does my periodic alimony terminate upon remarriage if it is not specified in divorce decree in the state of Georgia?

    divorce states under PERIODIC ALIMONY: Husband shall pay as periodic alimony payments to Wife $500 per month for a period of 18 months.

    David’s Answer

    Most likely, but not always. The language of the divorce decree will determine if the alimony will terminate upon remarriage. Just because the decree uses the word periodic is not necessarily determinative. Generally an alimony obligation is considered lump sum alimony if it states the exact number and amount of payments without other limitations, conditions or statements of intent, however an alimony award is considered periodic if it is contingent upon some future event such as the wife’s death or remarriage prior to all alimony payments having been made. Lump sum alimony is not modifiable and does not terminate upon your remarriage. Periodic alimony is modifiable and does terminate upon your remarriage. Realisitically, most Judges I have appeared before default to periodic alimony and it is hard to get them to consider lump sum alimony despite the literal language in the decree because they have been ingrained to think alimony terminates upon remarriage; the thought being why should your ex-husband have to continue to support you once you have remarried.

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