Artman v. Hoy, 370 Ark. 131

Summary

The Arkansas Supreme Court affirmed the denial of Paul Artman's petition to terminate his alimony obligation after Vickie Hoy remarried. The court held that the parties' independent property settlement agreement required alimony payments for ten years and constituted an agreement otherwise contemplated by Arkansas Code section 9-12-312, making automatic termination upon remarriage inapplicable. The court also upheld the award of $2,500 in attorney's fees and costs to Hoy.

Holdings

1. When parties enter an independent, unambiguous agreement providing for alimony for a specified term, Arkansas Code section 9-12-312(a)(1)'s automatic termination upon the recipient's remarriage does not apply if the agreement otherwise provides for continued alimony. The ten-year alimony obligation therefore continued after Hoy's remarriage.
2. The circuit court did not abuse its discretion in awarding Hoy $2,500 in attorney's fees and costs in connection with the alimony dispute.

Questions Presented

1. Whether Arkansas Code section 9-12-312(a)(1)'s automatic termination of alimony upon the recipient's remarriage applied to an unambiguous independent property-settlement agreement incorporated into a divorce decree.
2. Whether the circuit court properly awarded Hoy attorney's fees and costs in defending Artman's petition to terminate alimony.

Disposition

affirmed