Neagle v. Neagle

5 Citing cases

  1. Maher v. Maher

    2004 WY 62 (Wyo. 2004)   Cited 6 times

    Sellers v. Sellers, 775 P.2d 1029, 1032 (Wyo. 1989) (accord Warren v. Warren, 361 P.2d 525 (Wyo. 1961)). There was also language in Neagle v. Neagle, 481 P.2d 661, 663 (Wyo. 1971) ( Neagle I), which indicates "alimony payments . . . cease upon the remarriage or death of [the payee]." While Daniel argues with some force for that proposition, another factor must be considered that the argument advanced and the cases cited by Daniel do not accommodate. Daniel's argument does not weigh the continuing jurisdiction of the district court to modify decrees, Sellers, 775 P.2d 1029, and the cited cases do not involve decree incorporated term payment separation agreements and do not provide any express termination on remarriage proviso.

  2. Swetich v. Smith

    802 P.2d 869 (Wyo. 1990)   Cited 7 times
    In Swetich v. Smith, 802 P.2d 869, 870 (Wyo. 1990), we noted that Sellers and Warren indicated "alimony payments terminate on the death of either party or on the remarriage of the payee."

    Sellers v. Sellers, 775 P.2d 1029, 1032 (Wyo. 1989) ( accord Warren v. Warren, 361 P.2d 525 (Wyo. 1961)). There was also language in Neagle v. Neagle, 481 P.2d 661, 663 (Wyo. 1971) ( Neagle I), which indicates "alimony payments * * * cease upon the remarriage or death of [the payee]." While Daniel argues with some force for that proposition, another factor must be considered that the argument advanced and the cases cited by Daniel do not accommodate. Daniel's argument does not weigh the continuing jurisdiction of the district court to modify decrees, Sellers, 775 P.2d 1029, and the cited cases do not involve decree incorporated term payment separation agreements and do not provide any express termination on remarriage proviso.

  3. Johnson v. Johnson

    717 P.2d 335 (Wyo. 1986)   Cited 7 times
    In Johnson, the father purchased a house for over $200,000 with a large mortgage and acquired an airplane for tax loss write-off purposes.

    Cf. McMillan v. McMillan, supra. Determinative in this case is the phrase in the agreement "such obligation shall cease if the Wife dies or remarries." Neagle v. Neagle, Wyo., 481 P.2d 661 (1971). The parties designated the payments by agreement to be alimony and the provisions made were compatible with the description utilized.

  4. McMillan v. McMillan

    702 P.2d 1279 (Wyo. 1985)   Cited 5 times

    We have held, in a case which is controlling here, that, where a divorce decree ordered the husband to pay the former wife $75 per month for a period of ten years, it was immaterial whether the payment was classified as property settlement or alimony since the decree provided for a sum certain — a characteristic of property settlement, and inconsistent with alimony. Neagle v. Neagle, Wyo., 481 P.2d 661 (1971). Affirmed.

  5. Neagle v. Neagle

    489 P.2d 213 (Wyo. 1971)

    Chief Justice McINTYRE delivered the opinion of the court. The original opinion in this case is reported as Neagle v. Neagle, Wyo., 481 P.2d 661. Mr. Justice Gray did not participate in that decision. On the petition of John Richard Neagle, a rehearing was granted.