Anita C. Human - Page 9

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                    This case calls for a distinction between periodic                
               alimony and lump sum alimony.  The question is                         
               important because the obligation to pay periodic                       
               alimony terminates at the death of either party while                  
               the obligation to pay lump sum alimony * * * does not                  
               * * *                                                                  
          Id. at 95.  The Supreme Court of Georgia then defined lump-sum              
          alimony:                                                                    
                    If the words of the documents creating the                        
               obligation state the exact amount of each payment and                  
               the exact number of payments to be made without other                  
               limitations, conditions or statements of intent, the                   
               obligation is one for lump sum alimony * * *.                          
          Id. at 96.  The payment may be made either at once or in                    
          intervals.  Id.; see also Stone v. Stone, 330 S.E.2d 887 (Ga.               
          1985).  If the above conditions are satisfied, the payments are             
          considered lump-sum alimony under Georgia law in the nature of a            
          property settlement and thus not includable in income to the                
          payee.5  See Winokur v. Winokur, supra.                                     
               Having identified the rule under Georgia law, we now turn to           
          its application in petitioner's case.  The exact amount of the              
          payment ($750,000) and the exact number of payments (single                 
          payment at once) are stated without other limitations,                      


               5    In this manner, the Supreme Court of Georgia applies              
          substance over form.  If the divorce decree states the exact                
          amount and number of payments without other conditions, i.e., the           
          remarriage of the payee spouse, the payment will be termed lump-            
          sum alimony with the duty to pay surviving the payee spouse.  The           
          payment may be made in gross or installments.  As long as the               
          above conditions are satisfied, Georgia law recognizes that in              
          substance the payment is a property settlement even though                  
          defined as lump-sum alimony.                                                




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