Opinion
File No. J 1096
An inference is drawn from the remarriage of a divorced wife that she has elected to obtain her support from her second husband and has abandoned the provision for support made in the alimony award. A judgment of alimony, however, stands until it is judicially modified or vacated. On this motion for contempt for failure to pay alimony to the plaintiff, the defendant was given an opportunity to file a motion to vacate the alimony judgment as of the date of the plaintiff's remarriage.
Memorandum filed December 3, 1954.
Memorandum on motion for contempt for failure to pay alimony. Motion continued.
Lewis J. Somers, of Meriden, for the plaintiff.
Matthew S. Galligan, of Wallingford, for the defendant.
In the divorce judgment, March 20, 1946, defendant was ordered to pay plaintiff alimony of $15 per week. On January 16, 1948, this judgment was amended and the alimony fixed at $5 per week. On July 31, 1954, the plaintiff married again.
Save in the most exceptional circumstances, the inference is drawn from the remarriage of a wife that she has elected to obtain her support from her second husband and has thereby abandoned the provision made for her support by the court in its award of alimony from her first husband. Cary v. Cary, 112 Conn. 256, 261. However, the judgment for alimony must stand until it is judicially modified or vacated. Id., 262.
The defendant is allowed ten days to file a motion for the vacation of the judgment for alimony, as of the date of the remarriage. The motion for judgment for contempt is continued until the hearing upon the motion to vacate, if the latter is filed. Otherwise it may be claimed after ten days.