§ 19-6-36.Judgment or lien surviving death; procedure and rights
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026
Full Text of § 19-6-36
Plain-English Summary
Some alimony claims outlive the person who owes them. Under § 19-6-1(d), if either spouse dies before the court rules on alimony, the other spouse’s right to alimony survives and becomes a lien on the deceased spouse’s estate. Under § 19-6-7, once permanent alimony has been granted and the paying spouse dies, the permanent provision continues, or a portion of the estate equal in value to it is set apart for the other spouse. This section, in effect since January 1, 2021, ties those rules to Georgia’s estate-administration law in Title 53.
It works like this. A judgment or lien that survives a party’s death and can be enforced against the estate — under § 19-6-1(d), § 19-6-7 or any other provision of Article 1 of Chapter 6 — operates as a judgment or other lien created during the deceased party’s lifetime under paragraph (6) of Code Section 53-7-40. The personal representative must then pay the claim accordingly, as Article 4 of Chapter 7 of Title 53 provides. The personal representative may also handle the claim in any manner this article allows, or under Code Section 53-7-44 or 53-7-45.
Subsection (b) protects existing rights. Nothing in the new rule alters or impairs anyone’s rights under this article as they stood immediately before January 1, 2021. How a particular claim plays out depends on the order, the estate and the probate court’s handling of it.
Frequently Asked Questions
What happens to my alimony if my ex-spouse dies in Georgia?
If permanent alimony was already granted, it doesn’t end automatically. Under § 19-6-7, the permanent provision continues, or a portion of the estate equal in value to it is set apart for you. This section then tells the estate’s personal representative to treat that claim as a judgment or other lien created during your ex-spouse’s lifetime under paragraph (6) of Code Section 53-7-40, and to pay it accordingly.
What if my spouse dies before the judge decides alimony?
Your right to alimony survives. Under § 19-6-1(d), if either party dies before the court’s order on alimony, the other party’s rights survive and become a lien on the deceased party’s estate. This section treats that surviving lien as a judgment or other lien created during the deceased spouse’s lifetime under paragraph (6) of Code Section 53-7-40, and the personal representative must pay it accordingly.
Who pays a surviving alimony claim out of an estate in Georgia?
The personal representative of the estate. This section says the personal representative shall pay the claim as provided in Article 4 of Chapter 7 of Title 53. It also lets the personal representative handle the claim in any manner Article 1 of Chapter 6 allows, or under Code Section 53-7-44 or 53-7-45.
Does this law change alimony rights that existed before 2021?
No. The section took effect on January 1, 2021, and subsection (b) says nothing in subsection (a) alters or impairs anyone’s rights under this article as they existed immediately before that date. So a right that already existed keeps its earlier scope; the new rule adds a clear path for how the estate treats and pays a surviving claim.
Is this section limited to alimony?
Not by its terms. It names two alimony provisions, § 19-6-1(d) and § 19-6-7, but it also reaches any judgment or lien that survives a party’s death and is enforceable against the estate under any other provision of Article 1 of Chapter 6, which covers alimony and child support. Whether a particular claim survives at all depends on the provision that creates it.
Amendment History
Laws 2020, Act 508, § 2-25, eff. Jan. 1, 2021.