The parties were divorced in June 1988, and the judgment entered therein obligated Mr. Stone to make monthly alimony payments to appellant for eight years or until either party died or appellant remarried. Appellee ceased making the monthly payments in 1989 when he determined that appellant was living in a meretricious relationship. In July 1990, appellee filed a complaint for modification of the divorce judgment, seeking to terminate his alimony obligation on the ground that appellant allegedly was engaged in a meretricious relationship. See OCGA 19-6-19 (b). The judgment of the trial court, entered upon a jury verdict, terminated appellee's alimony obligation as of May 11, 1989. We granted appellant's application for discretionary review in order to determine whether a modification of alimony sought under OCGA 19-6-19 (b) may be effective prior to the date of the judgment granting the modification. 11. The 1988 divorce decree remained a valid judgment, binding on the parties and enforceable according to its terms until modified by a separate proceeding instituted by a petition for modification. Lindwall v. Lindwall, 242 Ga. 13 (3) (247 SE2d 752) (1978); OCGA 19-6-26. See also OCGA 9-12-40. OCGA 19-6-19, the statutory vehicle for modification, does not expressly authorize a court to modify retroactively a judgment for periodic payment of permanent alimony, and it appears that the appellate courts of this state have yet to address the issue. 2 For the reasons which follow, we join those jurisdictions which refuse to allow retroactive modification of an alimony obligation 3 and accordingly reverse that portion of the trial court's judgment. We have long recognized that the recipient of alimony paid in installments pursuant to a judgment is entitled, as a matter of right, to an execution or fi. fa. without further proceedings, in order to enforce the judgment as to the accrued, unpaid installments. Stephens v. Stephens, 171 Ga. 590 (1) (156 SE 188) (1930). See also OCGA 19-6-4 (b); Wood v. Atkinson, 231 Ga. 271 (201 SE2d 394) (1973); Cale v. Hale, 157 Ga. App. 412 (277 SE2d 770) (1981). Thus, as each installment accrues, it is, in essence, a final judgment for a fixed sum and, upon execution, becomes a lien on the payor's property. OCGA 9-12-80. Retroactive modification of an alimony obligation would vitiate the finality of the judgment obtained as to each past due installment. We therefore conclude that a judgment modifying an alimony obligation is effective no earlier than the date of the judgment. 4The holdings in Morris v. Morris, 244 Ga. 120 (259 SE2d 65) (1979), and Bryan v. Bryan, 242 Ga. 826 (251 SE2d 566) (1979), support the argument that amendments to OCGA 19-6-19 may be applied to divorces obtained prior to the date of the amendments. Contrary to appellee's assertion, they do not support the argument that a judgment modifying an alimony obligation may be applied retroactively. 52. Appellant contends that our holding in Division 1 would make the trial court's award of attorney fees to appellee erroneous. We disagree. Inasmuch as appellee sought reduction of both his alimony and child support obligations and the jury did reduce his child support obligation, albeit not to the extent appellee had hoped, he was the prevailing party and the trial court was authorized to exercise its discretion and award him attorney fees under OCGA 19-6-19 (d). Shapiro v. Lipman, 259 Ga. 85 (377 SE2d 673) (1989). Simmons, Warren & Szczecko, Joseph Szczecko, for appellee. |