Ann Marie Gillespie v. Andrew Mark Gillespie

The issue presented in this case is whether the Wife’s alimony award is modifiable due to her remarriage when the divorce decree does not classify the alimony award, stating only that “the [Husband] shall pay alimony to the [Wife] in the amount of five hundred dollars per month for a
period of two years.” The trial court, presented with Husband’s petition to modify spousal support, held that the alimony award was “periodic/rehabilitative alimony,” and terminated Husband’s spousal support obligation to Wife because of her remarriage. We hold that the award of alimony is properly classified as alimony in solido, because (1) both the alimony award in the divorce decree and the parties’ marital dissolution agreement provided for a sum certain – $500 per month for two
years – with no contingencies that would cause termination of the alimony, such as Wife’s death or remarriage; and (2) the trial court made no finding in the divorce judgment regarding the relative economic status of the parties, nor of the Wife’s need or potential for rehabilitation. Therefore,
because an award of alimony in solido is not subject to modification, we reverse the judgment of the trial court terminating Wife’s alimony payments.