Raymond T. Schmidt, Jr. v. Barbara J. Schmidt

This is a petition to modify alimony. The divorce decree required that the husband pay the wife alimony of $1,500 per month for ten years or until she remarries. The husband filed this petition to terminate his alimony obligation, asserting that there had been a material change in circumstances. The wife maintained that the alimony award was alimony in solido and, therefore, not subject to modification. The husband filed a motion for summary judgment on the issue of whether the alimony award was modifiable. The trial court held that the alimony award was alimony in solido, not subject to modification. From that order, husband now appeals. We reverse, concluding that the award was alimony in futuro and, therefore, subject to modification.