- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011