JUSTIS v. RIST

No. 91-297.

617 A.2d 148 (1992)

Charlotte A. JUSTIS v. Gilbert W. RIST.

Supreme Court of Vermont.

September 18, 1992.


Attorney(s) appearing for the Case

James W. Murdoch of Wool, Murdoch & Hughes, Burlington, for plaintiff-appellee.

Lloyd A. Portnow, Samuel H. Press (of counsel), and Ira N. Morris, Law Clerk, of Portnow, Little & Cicchetti, P.C., Burlington, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

This appeal from a divorce order presents the issue of whether the family court has the authority to order the estate of the obligor spouse to continue maintenance payments in the event the obligor predeceases the recipient spouse. We conclude that Vermont statutory law provides no such authority, and, accordingly, vacate the family court's order and remand the case for further proceedings.

The parties married in 1977, four months after they...

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