In re the Marriage of Esler

Husband appeals the denial of his motion to terminate wife’s spousal support. The issues are whether husband’s monthly payments to wife are spousal support or a division of property and, if they are spousal support, whether wife has sustained her burden of showing that spousal support is required after her remarriage. We review de novo.

The parties’ marriage was dissolved in January, 1982. The decree provides in relevant part:

“10. [Wife] is awarded spousal support in the amount of $350.00 per month for a four year period, that is 48 payments of $350.00 each.”

Wife remarried on March 2,1982. On…