Legal Question in Family Law in Washington
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.
Asked on 5/14/14, 6:03 pm
1 Answer from Attorneys
Christopher Steuart
IT Forensics, Inc.
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.
Answered on 5/29/14, 8:19 pm
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