Geraghty v. Geraghty

Weltner, Justice.

We granted discretionary appeal to determine whether certain language in an alimony agreement was sufficient to accomplish a waiver of the right to seek modification. The language in question is: “The parties herein waive their Statutory right to a modification now and forever.”

1. The rule stated in Varn v. Varn, 242 Ga. 309, 311 (1) (248 SE2d 667) (1978) is:

[P]arties to an alimony agreement may obtain modification unless the agreement expressly waives the right of modification by referring specifically to that right; the right to modification will be waived by agreement of…