Supreme Court of Oklahoma

In Re the Marriage of Wayne E. Burrell, Petitioner/appellant v. Brenda D. Burrell, Now Webb, Respondent/appellee

June 12, 20072007 Okla. LEXIS 78

Summary

The Court held that the husband's obligation to pay support alimony terminated when the wife remarried, even though the decree required payments until her death. The result followed because both governing statutory schemes require an express waiver or clear provision addressing remarriage, and the decree contained neither; the wife also failed to seek continuation within the statutory ninety-day period. The Court vacated the intermediate appellate decision, reversed the trial court, and remanded for consistent proceedings.