Alimony Terminated By Contract in the MDA
The Marital Dissolution Agreement (MDA) had terms in it that alimony in future would be until death, remarriage or “until a third person not the Wife’s child, moves into the Wife’s residence.” When the Wife’s mother moved into the home with her, Husband filed a petition to terminate the alimony based on a third-party living with the former Wife. The trial court granted Husband’s petition, finding that the parties’ agreement for alimony in futuro was contractual in nature and that the unambiguous language mandated cessation of Husband’s support obligation when Wife’s mother moved into Wife’s home. Based upon the provision for attorney’s fees in the parties’ marital dissolution agreement, the trial court also awarded Husband his attorney’s fees and costs.
Be careful what you agree to in a MDA.