Zullo v. Zullo

OPINION

ZAPPALA, Justice.

In this appeal, we must determine whether monthly payments to a former spouse in lieu of property distribution may be terminated when that spouse remarries. If we determine that the payments are alimony under Section 501 of the Divorce Code, 23 P.S. § 501,1 then Section 501(e) mandates that alimony terminates upon remarriage. However, if the monthly payments are to be considered distribution of property in lieu of actual property being equitably divided, then the Superior Court acted correctly in reversing the trial court.

The factual background is not in dispute. The…