In Re the Marriage of Harvey

CARTER, Justice.

Petitioner, Janice Lee Van Arsdale, appeals and respondent, Harry Charles Van Arsdale, cross appeals from a modification of the decree dissolving the parties’ marriage. The order of modification characterized periodic payments made to Janice under the decree as “alimony” and ordered the termination thereof as a result of her subsequent remarriage.

On appeal Janice asserts: (1) that the payments were part of a property settlement, not alimony, and are therefore not subject to modification; and (2) that, in any event, the trial court should not have terminated those payments…