Peterson v. Peterson
Supreme Court of South Dakota
434 N.W.2d 732 (S.D. 1989)
Janey Peterson (plaintiff) was awarded spousal support from her ex-husband Gregory Peterson (defendant) under a decree that was silent about what would happen if she remarried within the support period. When Janey remarried within seven years, Gregory successfully petitioned to amend the judgment and end his support obligation; Janey appealed, arguing the support was meant to survive her remarriage, was really part of the property settlement, and that extraordinary circumstances -- her new husband's limited finances -- justified continuing it.
Whether, upon a showing that a recipient spouse has remarried, a trial court may amend a divorce order to stop spousal support absent evidence of extraordinary circumstances justifying its continuation.