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.
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.
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.
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.
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.