Dace v. Doss
530 S.W.3d 893, 2017 Ark. App. 531, 2017 Ark. App. LEXIS 603 (2017)
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Rule of Law:
Under Arkansas law, a divorce decree explicitly ordering alimony for the recipient's life constitutes an exception to the general rule of automatic termination upon remarriage, allowing a court to modify the alimony based on the recipient's continued need rather than being required to terminate it entirely.
Facts:
- Harold R. Dace and Debra Doss divorced in 2012 after a seventeen-year marriage.
- The divorce decree ordered Dace to pay Doss alimony of $619.00 per month 'for the remainder of [Doss’s] life.'
- On November 7, 2015, Doss remarried.
- Following Doss's remarriage, Dace unilaterally ceased making his alimony payments.
- Doss's new husband began paying for her housing and utilities, reducing some of her monthly expenses.
- After moving to be with her new husband, Doss's work hours and income as a hairdresser decreased.
- Doss still had significant personal monthly expenses, including payments for her car, insurance, cell phone, and work-related costs.
- Dace's income had slightly increased since the time of the divorce.
Procedural Posture:
- Debra Doss filed a motion for contempt in the White County Circuit Court against Harold R. Dace for non-payment of alimony.
- In response, Dace filed a motion to terminate his alimony obligation.
- The circuit court (trial court) held a hearing and issued an order denying Dace's motion to terminate, instead reducing his alimony obligation from $619 to $234 per month and ordering him to pay alimony arrears.
- Dace, as the appellant, appealed the circuit court’s order to the Arkansas Court of Appeals.
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Issue:
Does a trial court err by modifying, rather than terminating, a lifetime alimony award upon the recipient's remarriage when the original divorce decree specified payments for the 'remainder of [the recipient's] life'?
Opinions:
Majority - Judge David M. Glover
No. A trial court does not err by modifying a lifetime alimony award upon the recipient's remarriage. The original decree's language specifying payments 'for the remainder of [Doss's] life' acts as an exception to the statutory rule of automatic termination upon remarriage. The court reasoned that Arkansas Code Annotated section 9-12-312(a)(2)(A) explicitly allows for such exceptions when 'otherwise ordered by the court.' The original lifetime award constituted such an order. Therefore, Doss's remarriage was not a basis for automatic termination but rather a significant change in circumstances warranting a reevaluation of her need. The circuit court correctly considered her reduced expenses (housing, utilities) against her remaining expenses and reduced income, and properly found a continued need for a modified amount of alimony, which Dace had the ability to pay.
Analysis:
This decision clarifies the scope of the 'unless otherwise ordered by the court' exception within Arkansas's alimony statute. It confirms that specific durational language in a divorce decree, such as 'for life,' supersedes the default rule that alimony terminates upon remarriage. The case establishes that in such situations, remarriage is treated as a material change of circumstances that triggers a judicial review for modification, not automatic termination. This preserves judicial discretion to tailor alimony to the recipient's actual, ongoing need, preventing an ex-spouse from being automatically cut off from support if the original decree intended it to be permanent.
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