Sandra A. Glass, Plaintiff and Appellant
James K. Glass, Defendant and Appellee
from the District Court of Cass County, East Central Judicial
District, the Honorable Steven E. McCullough, Judge.
A. Garaas, for plaintiff and appellant.
J. Jensen, for defendant and appellee.
VandeWalle, Chief Justice.
1] Sandra Glass-Lenertz appealed from an amended judgment
terminating James Glass's spousal support obligation to
her. We affirm, concluding the district court did not abuse
its discretion in terminating spousal support as of the date
of Lenertz's remarriage in 2002.
2] Lenertz and Glass divorced in 1996. The divorce judgment
required Glass to pay Lenertz $1, 700 per month in spousal
support. The judgment states Glass's spousal support
obligation ceases upon either party's death. The spousal
support provision of the judgment is silent regarding
3] Lenertz remarried in September 2002. Glass did not pay any
spousal support until 2001. Between the date of the divorce
and Lenertz's remarriage, Glass accrued $117, 300 in
spousal support payments to Lenertz. In 2001 and 2002, Glass
paid Lenertz $23, 000 in spousal support. Between 2002 and
July 2015, Glass paid Lenertz $94, 300 in spousal support,
the remainder of the $117, 300 owed. Glass did not pay any
interest on the past due amounts.
4] In July 2015 Glass moved to terminate his spousal support
obligation, arguing it terminated on the date of
Lenertz's remarriage. After a November 2015 hearing, the
district court concluded Glass's spousal support
obligation terminated on the date of Lenertz's remarriage
in September 2002. The court also found Lenertz was entitled
to $26, 903.37 of interest on the unpaid spousal support that
accrued between the date of the divorce and her remarriage.
5] Lenertz argues the district court exceeded its statutory
authority by retroactively terminating her spousal support as
of the date of her remarriage.
6] Spousal support is governed by N.D.C.C. § 14-05-24.1.
This statute was amended effective August 1, 2015, and states
permanent spousal support terminates upon the remarriage of
the former spouse receiving support. N.D.C.C. §
14-05-24.1(2). Lenertz remarried and Glass moved to terminate
his spousal support obligation before the amendment and
neither party argues the amended statute applies here.
See Klein v. Klein, 2016 ND 153, ¶ 12, 882
N.W.2d 296 (N.D.C.C. § 14-05-24.1 as amended applies
prospectively, not retroactively).
7] The version of N.D.C.C. § 14-05-24.1 in effect in
this case provided:
Taking into consideration the circumstances of the parties,
the court may require one party to pay spousal support to the
other party for any period of time. The court ...