Does alimony automatically terminate when the receiving spouse remarries? McQuarrie v. McQuarrie Explained

Under Utah law, alimony generally terminates when the receiving spouse remarries—but not always. In McQuarrie v. McQuarrie, the Utah Court of Appeals examined whether comprehensive remarriage provisions in a divorce decree can override the statutory presumption that alimony terminates upon remarriage.

Background and Facts

Melvin and Janette McQuarrie divorced in 2008 pursuant to a mediated stipulation. The decree required Melvin to pay $2,000 monthly in alimony with cost-of-living increases and to purchase a $1,000,000 annuity within 36 months. The decree specified that alimony would continue “until [Melvin’s] death; the expiration of 372 months; or [Janette’s] death”—notably omitting remarriage as a terminating event. When Janette remarried in 2014, Melvin sought to terminate alimony, arguing that Utah Code section 30-3-5(9) automatically terminates alimony upon remarriage unless the decree “specifically provides otherwise.”

Key Legal Issues

The primary issue was whether the decree “specifically provided otherwise” to overcome the statutory presumption. The court also addressed various enforcement issues, including Melvin’s failure to purchase the required annuity and disputes over medical expenses, cost-of-living adjustments, and 401(k) distributions.

Court’s Analysis and Holding

The Court of Appeals affirmed that alimony survived Janette’s remarriage. The court applied contract interpretation principles and examined the decree as a whole. Critically, multiple provisions throughout the decree specifically addressed remarriage consequences—some obligations terminated upon remarriage while others continued. The decree’s comprehensive treatment of remarriage, combined with footnotes requiring triennial meetings “without spouses” to review alimony, demonstrated the parties’ clear intent that alimony would survive remarriage. However, the court reversed the district court’s calculation of damages for Melvin’s failure to purchase the annuity, finding insufficient evidence to support credits awarded to Melvin.

Practice Implications

This decision emphasizes the importance of precise drafting in divorce decrees. When parties intend alimony to survive remarriage, they must include specific language addressing this intent. Courts will examine the entire decree to determine whether it “specifically provides otherwise” under section 30-3-5(9). The case also demonstrates that contempt proceedings require precise compliance with decree terms, and damage calculations must be supported by adequate evidence.