dissenting.
In my view, Mr. Bird cannot share in Mrs. Bird’s estate by way of inheritance or year’s support because he reached a settlement with regard to all issues in the divorce action, including alimony. Accordingly, I dissent.
Mary Bird sued Richard Bird for divorce, alleging the marriage was irretrievably broken, and seeking an equitable division of the marital property, in addition to temporary and permanent alimony. Thereafter, the parties announced the terms of a settlement agreement in open court. Pursuant to the agreement, each party was to give arid receive property to the other. The judge asked the Birds if they “agree to this as a final settlement of all matters pending between yourselves concerning this divorce?” They said that they did. Thus, the Birds divided their property and settled all issues in the divorce action, including temporary and permanent alimony.
Because he settled the alimony issues in the divorce case, Mr. Bird’s claims to Mrs. Bird’s estate cannot succeed. Simpson v. King, 259 Ga. 420, 422 (383 SE2d 120); Gore v. Plair, 173 Ga. 88 (159 SE *15698); Hall v. First Nat. Bank of Atlanta, 89 Ga. App. 853, 855 (81 SE2d 522). In effect, Mr. Bird “is barred from receiving anything further from the estate ‘by virtue of the marriage contract. . . .’ OCGA § 19-6-7.” Simpson v. King, 259 Ga. 420, 422, supra; Gore v. Plair, 173 Ga. 88, supra.
Decided December 7, 1992 Reconsideration denied December 18, 1992 Wilson, Strickland & Benson, Frank B. Strickland, Mary M. Brockington, Anne W. Lewis, for appellant. Bishop & McElyea, Barry W. Bishop, for appellee.The majority attempts to distinguish Simpson v. King, 259 Ga. 420, 422, supra, and Gore v. Plair, 173 Ga. 88, supra, by pointing to the express use of the word “alimony” in the settlement agreements reached by the husbands and wives in those cases. I think this is a distinction without a difference. As I pointed out above, alimony issues were injected into the Birds’ divorce case and Mr. Bird agreed to settle “all matters” in the case.
Mr. Bird agreed to settle all issues in the divorce case, including alimony; he should not be permitted to share in Mrs. Bird’s estate. Simpson v. King, 259 Ga. 420, 422, supra; Gore v. Plair, 173 Ga. 88, supra.