IN RE ADAMS

No. 88-1159.

45 Ohio St. 3d 219 (1989)

IN RE ADAMS, N.K.A. MUMLEY, APPELLANT; ADAMS, APPELLEE.

Supreme Court of Ohio.

Decided September 6, 1989.


Attorney(s) appearing for the Case

Thomas, Fregiato, Myser, Hanson & Tomlan and Rodney D. Hanson, for appellant.

Cinque, Banker, Linch & White and Harry W. White, for appellee.


H. BROWN, J.

The issue presented is whether a court of common pleas has jurisdiction to terminate permanent sustenance alimony set forth in a separation agreement incorporated into a dissolution of marriage decree, upon the payee spouse's remarriage, absent an express reservation of jurisdiction in the agreement. We answer in the negative and reverse the decision of the court of appeals.

In 1974, the Ohio General Assembly adopted a form of consensual divorce...

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