DeWall v. Rhoderick

This is a declaratory judgment action by the divorced husband to construe the stipulation of settlement provision and divorce decree adopting it that monthly alimony payments cease upon remarriage of the divorced wife. She did remarry but this marriage was subsequently declared void and annulled. When defendant herein demanded plaintiff resume alimony '[payments he commenced this action. The trial court held plaintiff had no further obligation to pay alimony. Defendant has appealed. We do not agree with the holding.

Prior to November 17, 1961, the parties were husband and wife and parents of…