- 7 - As indicated previously, the parties here disagree over whether petitioner’s obligation to pay the $55,000 to his former wife would have survived the former wife’s death prior to petitioner’s effectuating payment of the $55,000 to her on August 1, 2000. Petitioner concedes that the jury’s verdict does not specifically state whether or not his payment obligation to his former wife would terminate with her death. Nonetheless, petitioner contends that, under Georgia law, his obligation to pay the $55,000 to petitioner’s former wife would have terminated upon his former wife’s death, because the $55,000 award is periodic alimony. He argues that if the jury intended the payment obligation to be nonterminable, the jury’s verdict should have instead specifically referred to the $55,000 award as a property settlement. Petitioner also maintains that construing the $55,000 to be “lump sum alimony”, under Georgia law, conflicts with the jury’s other finding awarding to his former wife nothing from him as an equitable property distribution. Respondent, on the other hand, contends that the $55,000 is “lump sum alimony” under Georgia law, and that petitioner’s obligation to pay her the $55,000 would not have terminated with his former wife’s death. We agree with respondent. Contrary to petitioner’s argument, the jury’s verdict specifically referred to and described the $55,000 award to be paid petitioner’s former wife as “lump sum alimony”. In accordance with the verdict, in its July 17, 2000, Final Judgment, the Georgia Superior Court required petitioner pay herPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011