§ 19-6-21.Revision of judgment for permanent alimony — Not available in case of lump sum award

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2007 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-21 says a Georgia petition to modify permanent alimony applies only to awards paid in periodic installments, not to lump-sum awards from the paying spouse’s estate.

Full Text of § 19-6-21

Text size

A petition authorized in subsection (a) of Code Section 19-6-19 can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the former spouse of such party has been given an award from the corpus of the party's estate in lieu of such periodic payment.

End

Plain-English Summary

Not every alimony award can be changed later. This section limits the modification procedure in § 19-6-19(a) to one kind of award: permanent alimony that a final judgment in an alimony or divorce and alimony action ordered paid in weekly, monthly, annual or similar periodic payments.

The procedure is not available where the former spouse instead received an award from the corpus of the paying party’s estate in place of periodic payments, such as a lump sum or a transfer of property. Once that kind of award is made, this procedure can’t reopen it. So the form of the award, as the final judgment states it, decides whether modification is even possible. That makes the choice between the two a lasting one: periodic alimony stays open to revision when the standard in § 19-6-20 is met, while an award from the corpus doesn’t reopen through this procedure. Section 19-6-18(c) applies the same limit to judgments entered before July 1, 1977.

Frequently Asked Questions

Can lump-sum alimony be modified in Georgia?

Not under § 19-6-19(a). A modification petition can be filed only where the final judgment ordered permanent alimony in weekly, monthly, annual or similar periodic payments, not where the former spouse received an award from the corpus of the party’s estate in place of periodic payments.

Which alimony awards can be changed after a Georgia divorce?

Permanent alimony ordered paid in weekly, monthly, annual or similar periodic payments by a final judgment in an alimony or divorce and alimony action. Those awards can be revised under § 19-6-19 when the standard in § 19-6-20 is met.

If I received the house instead of monthly alimony, can my ex reduce it later?

Not through this modification procedure if the award came from the corpus of your former spouse’s estate in place of periodic payments. This section bars a § 19-6-19(a) petition in that situation. Whether a particular award is periodic alimony or a corpus award depends on the terms of the final judgment.

Does it matter how often alimony is paid for modification purposes?

The schedule itself doesn’t matter, as long as it is periodic. Weekly, monthly, annual or similar periodic payments all qualify. What matters is that the award is periodic rather than an award from the corpus of the paying party’s estate. The terms of the final judgment show which kind of award was made.

Does this rule apply to old alimony judgments too?

A matching limit applies. Section 19-6-18(c) allows revision of judgments entered before July 1, 1977 only where the husband was ordered to pay permanent alimony in weekly, monthly, annual or similar periodic payments. It excludes cases where the wife or children received an award from the corpus of the husband’s estate in place of periodic payments.

Amendment History

Laws 1955, p. 630, § 3; Laws 1979, p. 466, § 25; Laws 2005, Act 52, § 8, eff. Jan. 1, 2007.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

Also known as: lump sum alimony modification georgiaperiodic alimony georgiacan lump sum alimony be changedalimony from estate corpus