Termination of alimony.

2018
STATE OF WYOMING
18LSO-0360
Numbered
1.2

HOUSE BILL

NO.
HB0097

Termination of alimony.

Sponsored by:
Representative(s) Lone, Clem, Edwards and Jennings and Senator(s) Ellis

A BILL

for

AN ACT relating to domestic relations; providing grounds and procedures for terminating alimony or other allowance; adding conditions for modification; providing provisions related to notices of remarriage and the death of a party to an alimony decree; allowing petitions for continued alimony after remarriage; specifying applicability; 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
any
decree of alimony
under
this section,
the
court shall require in the
decree
that a party who remarries within the period during which alimony is
prescribed

shall

file a notice of remarriage with the court
within thirty (30) days after remarriage
and shall serve a copy of the notice on the
other
party. The court may hold
a
party
who remarries
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 alimony decree.

(b)

An award of alimony shall
terminate

upon the remarriage of the party receiving alimony
.

T
he recipient of alimony who remarries may petition the court to continue
or adjust
the alimony specified in the decree. The court shall grant the petition if the court finds extenuating circumstances
that justify
continued alimony.

(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 and 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 for the payments to continue after the death of a party
.

A
rrearages 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
modified or
entered on or after January 1, 2019.

Section
3
.

This act is effective J
anuary
1, 201
9
.

(END)

1
HB0097