Daniel v. Daniel

Carley, Justice.

When Gerald Daniel (Husband) and Mary Daniel (Wife) divorced, the final decree provided that he was to pay her $3,750 in “alimony” for a 36-month period, and then $1,500 per month until her death or remarriage. He subsequently brought an action to modify the $3,750 downward. Wife opposed the modification. She contended that only the $1,500 per month obligation was terminable upon her death or remarriage and, thus, that amount was the only modifiable alimony. The trial court granted Wife’s motion to dismiss, holding that the monthly $3,750 was “lump sum alimony” and…