Legal Opinion · Dissent

Lodde v. Lodde

South Dakota Supreme Court

Decided February 24, 1988No. 15803 and 15804Published

1DissentHenderson, Justice

This Court has never specifically addressed the issue of a continuance of alimony beyond the death of the husband, either by virtue of a settlement agreement or its nonexistence. Generally, this Court has only expressed that alimony may be modified where a settlement agreement exists. Moller v. Moller, 356 N.W.2d 909 (S.D.1984).

In the absence of an agreement between the spouses, an obligation to pay alimony ceases on the death of the obligor spouse. White v. White, 48 Ohio App.2d 72, 2 Ohio Ops.3d 48, 355 N.E.2d 816 (1975). An obligation to pay alimony terminates on the death of the obligor,…

2Cases cited15 opinions

  1. Cole v. ColeSouth Dakota Supreme Court · 1986
  2. Goehry v. GoehrySouth Dakota Supreme Court · 1984
  3. Blare v. BlareSouth Dakota Supreme Court · 1981
  4. Kressly v. KresslySouth Dakota Supreme Court · 1958
  5. Straub v. StraubSouth Dakota Supreme Court · 1986

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