Section 26.17 Remarriage of Spouse

• Library: Family Law Deskbook and 2014 Supp

3. (§26.17) Remarriage of Spouse

Section 452.370.3, RSMo 2000, specifies that, upon remarriage of the spouse receiving maintenance, the other spouse no longer has a duty to make maintenance payments unless the separation agreement or decree specifically states otherwise. The language of § 452.370.3 makes it abundantly clear that neither an implied agreement nor an exclusionary inference can satisfy the dictate of the statute and prevent termination of the maintenance obligation after remarriage. See Ker v. Ker, 776 S.W.2d 873 (Mo. App. S.D. 1989). When a separation agreement is silent, but not ambiguous, on the issue of remarriage terminating a spouse’s right to maintenance, the statutory presumption of § 452.370.3 is not rebutted. Glenn v. Snider, 852 S.W.2d 841 (Mo. banc 1993). But see Lietz v. Moore, 703 S.W.2d 54 (Mo. App. E.D. 1985), in which payment awarded to the former wife for the limited use of making the car payment was not considered statutory maintenance subject to § 452.370.3. Counsel should also review...