Opinion
Record No. 2378-92-3
September 14, 1993
FROM THE CIRCUIT COURT OF MONTGOMERY COUNTY KENNETH I. DEVORE, JUDGE.
(Raphael B. Hartley; Frank Hartley, P. C., on brief), for appellant.
No brief for appellee.
Present: Judges Barrow, Koontz and Bray.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Upon reviewing the record and the brief of the appellant, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the trial court. Rule 5A:27.
By decree entered February 26, 1992, the parties were granted a divorce. The divorce decree incorporated a separation agreement dated September 30, 1991, under which James Owen Crawford ("husband") agreed to pay Novie Rachel Cox Crawford Myers ("wife") spousal support in the amount of $150.00 a month for sixty months. The agreement was silent as to the effect of wife's remarriage upon the spousal support payments.
Wife remarried before the end of the sixty-month period. Husband petitioned the trial court to terminate his obligation to pay spousal support. Relying upon Code § 20-109, the trial court granted husband's petition and terminated the spousal support payments.
Code § 20-109 requires "an expressed provision to avoid termination of spousal support upon death or remarriage."Radford v. Radford, 16 Va. App. ___, ___, ___ S.E.2d ___, ___ (1993). "[B]ecause the spousal support was not a lump sum award and the agreement contained no express provision for continuation upon the death or remarriage of the spouse receiving support, the spousal support terminated upon the wife's remarriage." Id. at ___, ___ S.E.2d at ___.
Accordingly, we affirm the trial court's decision.
Affirmed.