Alimony termination.

2017
STATE OF WYOMING
17LSO-0370
ENGROSSED
2.1

HOUSE BILL

NO.

HB0091

Alimony termination.

Sponsored by:
Representative(s) Lone, Blackburn, Brown and Olsen and Senator(s) Nethercott

A BILL

for

AN ACT relating to domestic relations; providing grounds and procedures for terminating alimony or other allowance; adding requirements for modification; requiring provisions in a court's alimony decree; requiring notice of remarriage or death of a party; specifying applicability of provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
20
‑
2
‑
114 by creating a new subsection (c) and 20
‑
2
‑
116 are
amended to read:

20
‑
2
‑
114
.

Disposition of property to be equitable; factors; alimony generally.

(c)

In
entering
a decree of alimony pursuant to this section, a court shall
require in the
written
order that a party who remarries
within the period during which alimony is set out

shall

within thirty (30) days after the remarriage file a notice of the remarriage with the court that entered the alimony decree and
shall
serve a copy of the notice on the former paying party
. The court may hold an obligated party in contempt for
willfully
failing to provide the ordered notice.

20
‑
2
‑
116
.

Revision
and termination
of alimony and other allowances.

(a)

After a decree for alimony or other allowance for a party or children and after a decree for the appointment of trustees to receive and hold any property for the use of a party or children pursuant to W.S. 20
‑
2
‑
314, the court may
,

from time to time,

on the petition of either of the parties, revise and alter the decree respecting the amount of the alimony or allowance or the payment thereof and respecting the appropriation and payment of the principal and income of the property so held in trust and may make
any decree respecting any of the matters
which

that
the court might have made in the original action
,
.

provided
:

(i) The existing decree has not been adjusted within the previous six (6) months; and

(ii) A material and substantial change in circumstances has occurred warranting an equitable modification of the decree
.

(b) Remarriage of a party shall constitute a substantial change of circumstances allowing the other party to bring a petition to modify the decree.

(
c
)

In any proceeding relating
to the payment of alimony to a
remarried party,
the court
may
consider
any
failure of the remarried party to file a notice of remarriage
pursuant to
W.S.

20
‑
2
‑
114(c)

when
awarding attorney's fees a
nd costs
.

(
d
)

After the death of either party to a final decree for alimony
or other allowance
all rights to receive, and all duties to pay, alimony
or other allowance
shall
automatically terminate for all payments
due
after the date of death
, unless the final decree or a written agreement between the parties approved by the court provides specifically for the payments to continue after
the
death of a party
, except that arrearages that have accrued before the death of
a
party shall not be vacated or annulled.
The
deceased party's estate
shall file a notice of the death with the court that
entered
the alimony decree.

Section 2
.

This act
shall apply to a
final
decree
or order
for alimony entered on or after
J
anuary
1, 201
8
.

Section

3
.

This
act is effective January
1,
201
8
.

(END)

1
HB0091