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Posted by: Tanja Trezise on Jun 20, 2014

Court: TN Court of Appeals

Attorneys 1:

Russell E. Edwards, Hendersonville, Tennessee, for the appellant, Gloria Denise Myrick.

Attorneys 2:

Abby R. Rubenfeld, Nashville, Tennessee, for the appellee, Jeffery Wade Myrick.

Judge(s): STAFFORD

The issue presented in this case is whether alimony in futuro was properly terminated by the trial court. The parties entered into a marital dissolution agreement, which provided that Husband/Appellee would pay Wife/Appellant alimony in futuro until death, remarriage, or “until a third person not the Wife’s child, moves into the Wife’s residence.” The marital dissolution agreement was incorporated, by reference, into the final decree of divorce. Thereafter, Wife’s mother moved into Wife’s home, and Husband filed a motion to terminate his support obligation based upon the occurrence of the suspending condition. The trial court granted Husband’s petition, finding that the parties’ agreement for alimony in futuro was contractual in nature and that the unambiguous language mandated cessation of Husband’s support obligation when Wife’s mother moved into Wife’s home. Based upon the provision for attorney’s fees in the parties’ marital dissolution agreement, the trial court also awarded Husband his attorney’s fees and costs. Wife appeals. Discerning no error, we affirm and remand.