Grissom v. Grissom

Whatever the rule may be in other states, the law of Georgia “is well settled [that] one who has accepted benefits such as alimony under a divorce decree is estopped from seeking to set aside that decree without first returning the benefits. [Cits.]” White v. White, 274 Ga. 884, 885 (1) (561 SE2d 801) (2002). If the Court had applied this clearly established principle in this case, Wife would have been estopped from attacking the divorce decree, because she has accepted, but not returned, benefits that were awarded to her thereunder. However, the three-Justice plurality opinion, p. 268, finds…