Love v. Love

Weltner, Justice.

The single question presented in this appeal is whether or not a trial court is authorized to award attorney fees for legal services performed on behalf of a party to a divorce action where, during the pendency of the action, the party dies. The trial court reasoned that alimony must abate upon the death of the party, OCGA § 19-6-1 (Code Ann. § 30-201), and, as attorney fees are part of alimony, Jackson v. Jackson, 231 Ga. 751 (204 SE2d 297) (1974), the claim for attorney fees incurred on the part of a deceased litigant must abate along with the pending claim for alimony.

We…