Hutton v. Hutton

Opinion of the Court by

Justice JOHNSTONE.

The sole issue before the Court in this case is whether remarriage that ends in annulment terminates a former spouse’s obligation to pay future maintenance, where the parties’ separation agreement does not provide otherwise. We hold that it does and overrule McCord v. McCord, Ky.App., 558 S.W.2d 624 (1977), which holds that the issue is an equitable matter that is left to the discretion of the trial court.

I. Facts and Procedural History

Appellee, Erika Hutton, and Appellant, William Hutton, were married about twenty-one years before their union was…