Gaines v. Jacobsen

The question in this case is whether a former wife is entitled to a resumption of periodic payments for her support and to the maintenance of life insurance for her benefit under a separation agreement. The agreement provided that in the event of her remarriage the benefits would cease. She remarried but the remarriage was annulled, after it had been determined that her second husband had not been validly divorced from his first wife.

The case comes to this court after trial in which the wife recovered judgment in her favor. The husband appeals.

The judgment, in our view, should be reversed on…