Cheek v. Cheek

Shirley and Robert Cheek were divorced in January 1982. The decree of divorce incorporated a separation agreement of the parties concerning payment of alimony. In January 1985, the husband filed a petition to terminate the alimony, due to the wife's remarriage. The husband's petition was based on Section30-2-55, Code of Alabama 1975, which requires the termination of periodic alimony upon the remarriage of the party receiving such alimony. The wife filed a petition for the husband to be held in contempt for failure to pay according to the decree. The trial court denied the husband's petition…