Johnston v. Griffith

I think the trial judge correctly determined that the divorce decree specifically provided for “support alimony.” It required the alimony to be paid by liquidating the mortgage indebtedness on the house and car awarded to the woman. Thus as I see it the crucial question is not whether the periodic payments in question are for “support” or for property division, but whether under the circumstances the court had authority to overrule, as it were, the command of 12 O.S.Supp.1976 § 1289(B), that support alimony payments end with death or remarriage of the recipient and require such payments to…