Tuesday, September 30, 2014

If I have a divorce decree that states " this maintenance obligation shall be non modifiable in terms of amount and duration, except that th...

Question

If I have a divorce decree that states " this maintenance obligation shall be non modifiable in terms of amount and duration, except that this maintenance obligation shall terminate upon the death of either party" , does my ex have to pay the full amount even though I remarried? This is a Washington state, king county decree.



Answer

The general assumption is that maintenance terminates upon remarriage of the the spouse/ former spouse receiving maintenance unless specifically excluded. I would want to look at the entire paragraph that defines the maintenance obligation. This wording creates a serious ambiguity, and may support termination of the maintenance obligation. I'd recommend that you get a formal review of your decree on this issue.



No comments:

Post a Comment