Carlos v. Lane, 275 Ga. 674

Summary

The Supreme Court of Georgia held that a divorce settlement agreement validly waived the obligor's statutory right to seek modification of alimony based on the former spouse's voluntary cohabitation in a meretricious relationship under OCGA § 19-6-19(b). The court concluded that the agreement's reference to OCGA § 19-6-19 et seq. unambiguously waived modification rights under all subsections of the statute and affirmed dismissal of the modification petition. Three justices dissented.

Holdings

1. A settlement agreement that clearly waives the parties' statutory rights to future alimony modification and expressly refers to OCGA § 19-6-19 et seq. waives the right to seek modification under every subsection of that statute, including subsection (b).
2. The trial court correctly granted judgment on the pleadings and dismissed Carlos's petition because the agreement validly waived the asserted modification right.

Questions Presented

1. Whether the settlement agreement clearly and unambiguously waived Carlos's statutory right under OCGA § 19-6-19(b) to seek modification of alimony based on the former spouse's voluntary cohabitation in a meretricious relationship.
2. Whether the trial court properly granted judgment on the pleadings and dismissed Carlos's modification petition.

Disposition

affirmed