Eversbusch v. Eversbusch, 293 Ga. 60

Husband and Wife married in June 1985; marital problems arose in 2001 and the couple created a postnuptial-era document in January 2002.
The six-page Letter of Agreement included provisions for assets, custody, and alimony and child support, signed by both parties on January 2, 2002.
In May 2012 Wife moved to enforce the Agreement, arguing it resolved all issues of property division and permanent alimony.
The Superior Court deemed the alimony provision vague and not agreed upon, denying enforcement of that provision.
On appeal, the Court affirmed the trial court’s denial of enforcement as to the alimony and child support formulae, while considering related issues and definitions elsewhere in the Agreement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the alimony provision is enforceable despite two formulas	Wife asserts the second formula is enforceable and reflects an intent to give 50% of Husband’s total income to her	Husband argues the entire alimony provision is vague and incomplete, lacking a meeting of the minds	Alimony provision unenforceable; terms are incomplete and indefinite
Whether Scherer v. Scherer applies to enforceability	Wife seeks Scherer-based analysis to show enforceability	Husband opposes applying Scherer to sustain enforcement	Unnecessary to apply Scherer; alimony provision already unenforceable

Spurlin v. Spurlin, 289 Ga. 818 (Ga. 2011) (trial court has broad enforcement discretion for postnuptial agreements)
Moss v. Moss, 265 Ga. 802 (Ga. 1995) (essential terms must be present and agreed upon for enforceability)
Allen v. Sea Gardens Seafood, 290 Ga. 715 (Ga. 2012) (terms cannot be incomplete, vague, or indefinite in contract enforcement)
Scherer v. Scherer, 249 Ga. 635 (Ga. 1982) (test for enforceability of alimony provisions in agreements)