HB0089 - Alimony-termination.
|
2001 |
State of Wyoming |
01LSO-0348 |
HOUSE BILL NO. HB0089
Alimony-termination.
Sponsored by: Representative(s) McGraw
A BILL
for
1 AN ACT relating to
alimony; providing for termination of
2
alimony upon remarriage; providing a procedure for notice
3 of
remarriage; providing for consideration by the court of
4 a
failure to file a notice of remarriage; providing
5
voluntary cohabitation as grounds to modify alimony;
6
defining voluntary cohabitation; providing for termination
7 of
alimony upon death of the party receiving alimony;
8
providing for applicability of provisions; and providing
9 for
an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 20-2-116 is amended to read:
14
15 20-2-116. Revision of alimony and other allowances.
16
Page 1
1 (a) After a
decree for alimony or other allowance for
2 a
party or children and after a decree for the appointment
3 of
trustees to receive and hold any property for the use of
4 a
party or children pursuant to W.S. 20-2-314, the court
5 may
from time to time, on the petition of either of the
6
parties, revise and alter the decree respecting the amount
7 of
the alimony or allowance or the payment thereof and
8
respecting the appropriation and payment of the principal
9 and
income of the property so held in trust and may make
10 any decree respecting any of the matters
which the court
11 might have made in the original action.
12
13 (b) Upon the remarriage of a party in whose favor a
14 final
decree for alimony has been made, all rights to
15 receive,
and all duties to make, payments for alimony shall
16 automatically
terminate for all payments due after the date
17 of
the remarriage, unless the final decree or an agreement
18 of
the parties in writing approved by the final decree,
19 provides
specifically for the payments to continue after
20 remarriage.
21
22 (c) The remarried party shall file a notice of the
23 remarriage
with the court which made the decree for alimony
24 and
not later than thirty (30) days after the marriage, by
Page 2
1 personal service or registered or certified mail, serve a
2 copy of the notice on the former
paying party. In any
3 proceeding relating to the payment of
alimony to a
4 remarried party, the failure of the
remarried party to file
5 a notice of remarriage shall be
considered by the court in
6 awarding attorney's fees and costs for
the proceeding and
7 in determining reimbursement to the
former paying party.
8
9 (d) The voluntary
cohabitation of a party in whose
10 favor
a final decree for alimony has been made shall be a
11 ground
to modify provisions of the final decree for
12 alimony.
If voluntary cohabitation is alleged in a motion
13 to
modify the payment of alimony, the court shall have
14 jurisdiction
to reduce or terminate future alimony payments
15 upon
proof of substantial change of circumstances of either
16 party
to the divorce relating to the need for alimony. The
17 petitioner
shall make application for modification and
18 shall
follow notification procedures used in other divorce
19 decree
modification actions. The court that entered the
20 divorce
decree shall have jurisdiction over the
21 modification
application. As used in this subsection, the
22 term
"cohabitation" means the dwelling together habitually
23 with
another person, regardless of the sex of the other
24 person,
in a private conjugal relationship not solemnized
Page 3
1 as a marriage according to law, or not necessarily meeting
2 all the standards of a common-law
marriage.
3
4 (e) Alimony shall
terminate upon the death of the
5 party in whose favor a final decree
for alimony has been
6 made, except that arrearages that have
accrued before the
7 death of the party receiving alimony
shall not be vacated
8 or annulled.
9
10 (f) This subsection and subsections (b) through (e)
11 of
this section shall apply to a decree for alimony whether
12 entered
before, on or after July 1, 2001.
13
14 Section 2. This act is effective July 1, 2001.
15
16 (END)
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