Modifying A Permanent Alimony Award Agreement

W reject the Former Husband's argument that the parties' failure to
expressly address remarriage in the alimony provision makes it ambiguous.
The Former Husband relies on a line of cases requiring settlement agreements to expressly provide that alimony does not terminate upon the death of the obligor in order for it to continue after the obligor's death. See O'Malley v. Pan Amer. Bank of Orlando, N.A.,
384 So. 2d 1258, 1260 (Fla. 1980); Hannon v. Hannon, 740 So. 2d
1181, 1184 (Fla. 4th DCA 1999). But those cases apply "the well established rule that an obligation to pay alimony ceases upon the death of the obligor, unless that person expressly agrees that
the estate shall be bound to continue to pay alimony after his
death." O'Malley, 384 So. 2d at 1260. Thus, language providing that the husband shall pay alimony "until wife becomes remarried or deceased" does not indicate an intent to bind the husband's
estate to continue to pay alimony after his death. Id. at 1259
-60; see also Farrar v. Keyser, 212 So. 2d 677, 678 (Fla. 1st DCA 1968) (holding that there was no intent to bind the former husband's estate to pay alimony after his death in language stating that the "alimony will cease upon the death or remarriage of [the former wife]"). http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/October/October%2001,%202014/2D13-2745.pdf
Weidner Law Florida Appellate Court Oral Argument Video

This oral argument video is on the case: 2D13-2745

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