Owens v. Owens

The majority opinion holds that as a matter of law remarriage does not terminate rehabilitative alimony because “the better approach is to require a paying spouse to show a material and substantial change in circumstances.” Since the remarriage of a spouse receiving alimony, whether rehabilitative or permanent, is per se a material and substantial change in circumstances, the effect of the majority’s holding is that remarriage alone can never serve to terminate rehabilitative alimony regardless of the circumstances and the rehabilitative purpose of the alimony. This result is erroneous, in my…