Legal Opinion

Justis v. Rist

Supreme Court of Vermont

Decided September 18, 1992No. 91-297PublishedCited by 15 opinions

1Opinion of the CourtJohnson, J.

This appeal from a divorce order presents the issue of whether the family court has the authority to order the estate of the obligor spouse to continue maintenance payments in the event the obligor predeceases the recipient spouse. We conclude that Vermont statutory law provides no such authority, and, accordingly, vacate the family court’s order and remand the case for further proceedings.

The parties married in 1977, four months after they had met. It was the first marriage for the 62-year-old husband and the fourth for the 48-year-old wife. During the entire thirteen-year marriage, the…

2Cases cited14 opinions

  1. Aldrich v. AldrichSupreme Court of Florida · 1964
  2. Chaker v. ChakerSupreme Court of Vermont · 1990
  3. Downs v. DownsSupreme Court of Vermont · 1990
  4. O'BRIEN v. Island Corp.Supreme Court of Vermont · 1991
  5. Keehn v. KeehnAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by15 opinions

  1. Springfield Teachers Ass'n v. Springfield School DirectorsSupreme Court of Vermont · 1997
  2. Bell v. BellSupreme Court of Vermont · 1994
  3. Clapp v. ClappSupreme Court of Vermont · 1994
  4. Downs v. DownsSupreme Court of Vermont · 1993
  5. Nicola Weaver v. David WeaverSupreme Court of Vermont · 2017

10 more not listed; retrieve them via the Exa API.

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