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Carlos v. Lane

The parties' use of the term et seq. in reference to O.C.G.A. § 19-6-19 showed their intent to waive the right to bring an action to modify alimony under either subsection a or subsection b of that statute.

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We granted Chris Carlos’ application for discretionary appeal to consider whether the trial court erred by entering an order dismissing his petition for modification of alimony on the basis that the divorce settlement agreement incorporated into the final judgment and decree of divorce contained a valid waiver. Because we conclude that the settlement agreement contained a valid waiver of Carlos’ right to bring an action to modify the award of alimony based on OCGA § 19-6-19 b, we affirm.

Two days before the January 1, 1998 marriage of Carlos and Vivian Lane, the parties entered into a premarital agreement in which Carlos obligated himself to pay alimony. When the parties divorced in 2000, the final decree of divorce incorporated a settlement agreement that required Carlos to make monthly alimony payments for 60 months, terminable upon the remarriage of Lane. This agreement further provided that the parties intended to

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