Cates v. Cates

ROBERTSON, Chief Justice.

Here we consider whether the remarriage of a former spouse terminates an obligation to pay the remaining monthly installments of a lump sum maintenance award when the decree of dissolution and the separation agreement are silent on that issue. The trial court sustained the husband’s Motion to Quash Garnishment, holding that the wife’s remarriage terminates the husband’s obligation to continue payment. The Court of Appeals, Southern District, affirmed. We granted transfer to resolve the conflict that appears throughout appellate decisions, of which the southern…