Woodstock, GA asked in Divorce, Estate Planning, Family Law and Probate for Georgia

Q: Can alimony in arrears at the time of an ex-spouse's death be claimed against his probated estate in GA?

Is there case law in which an estate was required to pay alimony arrearages?

1 Lawyer Answer
James Clifton
PREMIUM
Answered

A: Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.

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