Judgement AFFIRMED in parties’ divorce action; absent transcript, evidence presumably supported trial court’s findings that husband was estopped from challenging final order after he availed himself of benefits; Court reiterated “long-standing principle that one who has accepted benefits such as spousal support or equitable division of property under a divorce decree is stopped from seeking to set aside that decree without first returning the benefits,” and, in so doing, disapproved of Grissom v. Grissom, 282 Ga. 267 (2007), which “attempted to create exceptions to estoppel doctrine,” without providing guidance as to how and when such exceptions apply; former spouse can continue to receive temporary alimony without waiving right to appeal; ruling in this case does not invalidate line of cases, which hold that former spouse may collect child support award and still repudiate final judment, since those benefits belong to child.

Judgment AFFIRMED in parties’ divorce case; trial court correctly charged jury that gifts of property between spouses during marriage are subject to equitable division; trial court did not err in giving presumption portion of gift charge, since husband claimed that conveyance of legal title to marital home to wife gave rise to equitable trust, so equitable division issue was intertwined with issues of gift and resulting trust.

From:  Fulton County Daily Report (10/16/09)

Coe v. Coe, S09F0808 (10/05/09), 09 FCDR 3147

Attorneys:Martin L. Fierman, Brenda H. Trammell

Judges: Hugh v. Wingfield III, Jasper, Superior Court; Supreme Court of Georgia, Thompson