- 6 - death. In 1986, section 71(b)(1)(D) was retroactively amended so that such payments now qualify as long as termination of such liability would occur by operation of State law. Hoover v. Commissioner, supra at 845-846. Under Georgia law, the obligation of a payor spouse to pay “lump sum alimony” to the payee spouse does not cease upon the payee spouse’s death, because the Georgia courts have held that “lump sum alimony” is in the nature of a property settlement, regardless of its designation as alimony instead of a property settlement. Winokur v. Winokur, 365 S.E.2d 94, 95 (Ga. 1988). Such “lump sum alimony” may be paid either at once or in specified installments. Id. at 96; Stone v. Stone, 330 S.E.2d 887 (Ga. 1985). In contrast to “lump sum alimony”, under Georgia law, the obligation to pay periodic alimony terminates upon either the death of the payor spouse or the death of the payee spouse. Winokur v. Winokur, supra at 94. In Winokur, the Georgia Supreme Court further specified the rule to be utilized in determining whether particular payments in question are “lump sum alimony”, as opposed to periodic alimony. It stated that “If the words of the documents creating the obligation state the exact number of payments to be made without other limitations, conditions or statements of intent, the obligation is one for lump sum alimony, payable in installments.” Id. at 96.Page: Previous 1 2 3 4 5 6 7 8 Next
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