§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.



  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.



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