In Re Marriage of Doria
Remarriage of divorced parties ends jurisdiction of court over the parties and provisions of prior decree are nullified.
Remarriage of divorced parties ends jurisdiction of court over the parties and provisions of prior decree are nullified.
Commitment ceremony is not sufficient to terminate spousal support upon remarriage.
The requirement that judges terminate maintenance on remarriage is unconditional and applies even though the second marriage was void or voidable by annulment.
Date of vacation of maintenance on basis of remarriage depends on the equities of each case. When payor applies to the court with proof of remarriage, the court must vacate maintenance, but not necessarily retroactive to the date of remarriage.
Stipulation was not ambiguous – payments were maintenance and thus stop on remarriage.
Where parties remarried, trial court properly utilized combined years of marriage when setting maintenance. Trial court does not have to either strictly adhere to, or even consider, the initial marital settlement agreement.