Buchan v. Buchan

COWART, Judge.

We reluctantly hold that a de facto marriage relationship, however strong,1 is not a “marriage” and does not constitute a “remarriage” within the meaning of a separation agreement that provides that an ex-husband will support an ex-wife until the death or “remarriage” of the ex-wife. We do not reach this decision because we think the result is fair or just but only because citizens have the right to contract on such terms as they may choose and because, as a matter of law, the words “marriage” and “remarriage” must be held to refer to the state or condition of being lawfully…