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Maddick v. Deshon

Court of Appeals of Missouri

296 S.W.3d 519 (2009)

Relevant factsFree

After divorcing following a 20-year marriage, Joseph Maddick (plaintiff) was initially ordered to pay Roberta DeShon (defendant) $500 monthly in modifiable maintenance, but a year later the parties stipulated to a non-modifiable $750 monthly payment for seven years, terminable only upon Joseph's death; three years later, Roberta remarried, and Joseph petitioned to terminate maintenance under a Missouri statute providing that spousal maintenance terminates upon the recipient's remarriage, which the trial court granted, prompting Roberta's appeal.

IssueFree

Whether an agreement that the original divorce decree will not be modified may prevent statutory termination of a spousal-support award based upon the remarriage of the recipient.

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