In re the Marriage of Ash

Husband moved for modification of the dissolution decree to eliminate the award of spousal support following wife’s remarriage. The court reduced the support to $25 per month and retained a reworded provision giving wife a portion of husband’s retirement benefits. Husband contends that spousal support should have been eliminated entirely, including the award of a portion of the retirement benefits which he contends is spousal support.

At the time the decree was entered wife was 53, husband was 55, and they had been married for 33 years. The real and personal property was divided approximately…