§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).
Structure Hawaii Revised Statutes
580. Annulment, Divorce, and Separation
580-2 Commencement of action; summons.
580-3.5 Personal judgment against absent defendant.
580-6 Guardian ad litem for incompetent defendant.
580-7 Examination of parties to prevent collusion.
580-8 Procedure when collusion suspected.
580-10 Restraining orders; appointment of master.
580-10.5 Automatic restraining order.
580-11 Care, custody, education, and maintenance of children pendente lite.
580-12 Sequestration of property.
580-13 Security and enforcement of maintenance and alimony.
580-14 Renumbered as §571-52.1.
580-15 County attorneys to represent court.
580-16 Divorce decree, support order; social security number.
580-23 Former husband or wife living.
580-24 Allowance for spouse and family.
580-25 Inheritance by children.
580-26 Lack of mental capacity.
580-27 Legitimacy in case of annulment.
580-29 No annulment solely on confessions.
580-41.5 Battered spouses; exemption from mediation in divorce proceedings.
580-42 OLD REPEALED. §580-42 Irretrievable breakdown.
580-42.5 Recrimination no defense.
580-44 Persons affected with Hansen's disease represented by attorney general.
580-46 Final judgment; nunc pro tunc entry; validation of certain marriages.
580-47 Support orders; division of property.
580-47.5 Notice to parties with children.
580-49 Support of insane spouse after divorce.
580-51 Modification of alimony on remarriage.
580-52 Marriage after divorce.
580-56 Property rights following dissolution of marriage.
580-71 Grounds for separation.
580-71.5 Separation no bar to divorce.
580-72 Married persons may bring action in own name.
580-74 Support of spouse and children.