§ 19-6-7.Interest in deceased party’s estate after grant of permanent alimony
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-7
Plain-English Summary
This section deals with the death of the spouse who owes permanent alimony. It does two things at once. First, after permanent alimony is granted, the supported spouse is not entitled to any further interest in the deceased spouse’s estate by virtue of the marriage contract. The marriage no longer gives the former spouse a claim on the estate.
Second, the alimony itself does not vanish. The permanent provision must be continued to the supported spouse, or a portion of the deceased spouse’s estate equivalent to the permanent provision must be set apart for the supported spouse. Either way, the support the court awarded survives the death of the person who owed it, as this section states it.
The rule applies only after permanent alimony has been granted. If a spouse dies before the court rules on alimony, § 19-6-1(d) applies instead: the surviving spouse’s alimony rights survive and become a lien on the estate. And § 19-6-6 protects property set apart for alimony from the paying spouse’s creditors while the supported spouse lives. Because results can turn on the exact terms of a decree or settlement agreement, the documents in a particular case deserve a careful read.
Frequently Asked Questions
Does alimony stop when the paying ex-spouse dies in Georgia?
Not under the terms of § 19-6-7. After permanent alimony is granted, if the paying spouse dies, the statute says the permanent provision “shall be continued” to the other spouse, or a portion of the deceased spouse’s estate equal to that provision shall be set apart for the other spouse. The supported spouse loses any other marital claim on the estate. The wording of a particular decree or agreement can matter, so it should be read alongside this section.
Can a former spouse inherit from the estate after permanent alimony is granted?
Not by virtue of the marriage. Section 19-6-7 says that after permanent alimony is granted, when the paying spouse dies, the other spouse is not entitled to any further interest in the deceased spouse’s estate by virtue of the marriage contract. What the former spouse keeps is the alimony provision itself, continued or secured by an equivalent share of the estate.
How is alimony paid after the paying spouse dies?
One of two ways. Under § 19-6-7, either the permanent provision is continued to the supported spouse, or a portion of the deceased spouse’s estate equivalent to the permanent provision is set apart for the supported spouse. The section does not say who chooses between the two or how the equivalent portion is valued.
What if my spouse dies before the court decides alimony?
A different rule applies. Section 19-6-7 covers deaths after permanent alimony is granted. If either spouse dies before the court’s order on alimony, § 19-6-1(d) says the surviving spouse’s alimony rights survive and become a lien on the deceased spouse’s estate, so the claim can still be pursued against the estate.
Does § 19-6-7 apply to temporary alimony?
No. The section begins “After permanent alimony is granted,” so it addresses only permanent alimony. Temporary alimony under § 19-6-3 lasts only while a divorce or permanent alimony case is pending. A death before the court’s order on alimony falls under § 19-6-1(d), which makes the surviving spouse’s alimony rights a lien on the deceased spouse’s estate.
Amendment History
Laws 1979, p. 466, § 21.
Formerly Code 1863, § 1699; Code 1868, § 1742; Code 1873, § 1752; Code 1882, § 1752; Civil Code 1895, § 2472; Civil Code 1910, § 2991; Code 1933, § 30-218.