Sheila Long Pless v. Robert Eugene Pless, Jr., M2018-02047-COA-R3-CV, 2019 WL 4757621
Jul 10, 2019OUTCOME: Affirmed in all respects.
Post-Legal Separation/Divorce Matter. Parties entered Legal Separation Agreement which provided for non-modifiable alimony in futuro to Wife. Upon Divorce nearly 10 years later, the Trial Court made a ... new determination regarding the Wife's entitlement to alimony, and did not award Wife alimony, finding that she did not have a need for further alimony. Wife appealed arguing that the contractual terms of the Separation Agreement are binding upon the divorce and that Husband is obligated to continue to pay the non-modifiable alimony in futuro until one of the parties' deaths or Wife's remarriage. The Appellate Court found that based upon the statute governing Legal Separation, there had been no full and complete adjudication on the issue of support at the time the Legal Separation was entered, and therefore it was appropriate upon the divorce for the trial court to make a new determination regarding spousal support.
