Dunaway v. Dunaway

The issue presented by this appeal is whether the remarriage of one party to a divorce terminates the other party’s duty to pay sustenance alimony where the divorce decree provides for the payment of sustenance alimony for an indefinite period of time. For the reasons that follow, we hold that defendant’s remarriage terminated plaintiff’s obligation to pay sustenance alimony after her remarriage.

At the time of the parties’ divorce in 1977, Wolfe v. Wolfe (1976), 46 Ohio St. 2d 399, 75 O.O. 2d 474, 350 N.E. 2d 413, held that a trial court impliedly reserved jurisdiction to modify a sustenance…