Tuesday, March 14, 2006

Case Law Development: Portion of Expected Inheritance May be Awarded as Alimony

The Georgia Supreme Court found no error in a trial court's ruling that a portion of Husband's undivided interest in the estates of his late parents may be awarded as alimony.  However, the court did reverse the trial court's joinder of Husband's two brothers (the co-executors of the estate) in the divorce action, finding that "the absence of the Co-executors from this litigation would not render the relief afforded the wife partial or hollow because she would obtain an interest as full and complete as that presently held by Husband."

Searcy v. Searcy, 2006 Ga. LEXIS 170  (March 13, 2006)
Opinion on the web (last visited march 14, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/03/award_to_wife_o.html

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