Cheek v. Kelley

This is an action by the ex-husband (appellant) to cancel future alimony payments after the remarriage of the wife (appellee).

Before trial the parties executed a detailed separation agreement which called for alimony in the total sum of $24,200, payable over 121 months. There was no provision for the contingency of remarriage. The decree approved and incorporated the separation agreement as executed. After appellee remarried (August 1, 1971) appellant filed a motion asking the court to cancel payments of alimony that would become due after the filing date of this motion. The trial court…