580-51 Modification of alimony on remarriage. (a) Upon the remarriage of a party in whose favor a final decree or order for support and maintenance has been made, all rights to receive and all duties to make payments for support and maintenance shall automatically terminate for all payments due after the date of the remarriage, unless the final decree or order, or an agreement of the parties approved by the final decree or order, provides specifically for the payments to continue after such remarriage.

(b) The remarried party shall file a notice of the remarriage with the court which made the order for support and maintenance and serve within thirty days of such marriage, by personal service or registered or certified mail, a copy of the notice on the former paying party. In any proceeding relating to the payment of support and maintenance to a remarried party, the failure of that party to file a notice of remarriage shall be considered by the court in awarding attorney's fees and costs for the proceeding and in determining reimbursement to the former paying party. [L Sp 1933, c 35, 1; RL 1935, 4478; RL 1945, 12229; RL 1955, 324-40; HRS 580-51; am L 1973, c 211, 5(r); am L 1974, c 65, pt of 2; am L 1983, c 17, 1]

 

Case Notes

 

Part of decree ordering defendant to convey property to wife is nonmodifiable because it was a final property division, but that part ordering defendant to make mortgage payments on the property is modifiable as being in nature of support. 54 H. 60, 502 P.2d 380 (1972).

Section mandates termination of entitlement to rental payments that were specified as being in lieu of spousal support. 1 H. App. 57, 613 P.2d 363 (1980).

Effect of cohabitation on spousal support. 5 H. App. 385, 695 P.2d 1194 (1985).

Family court abused its discretion in ordering the complete termination of spousal support and health care insurance upon wife's cohabitation. 134 H. 431 (App.), 341 P.3d 1231 (2014).

 

 

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