Frances J. Ryan - Page 9

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          Divorce were alimony before the court of appeals rendered its               
          opinion in 1991.                                                            
               It is less clear, however, whether the payments are alimony            
          after the court of appeals remanded the case to the trial court.            
          If the effect of the court of appeals opinion was to specifically           
          remove the termination upon death language in the Judgment of               
          Divorce, the payments made by Gregory Ryan to Frances Ryan may              
          not be alimony under Michigan State law.  If, however, the court            
          of appeals opinion modified the Judgment of Divorce, yet left the           
          termination upon death provision intact, the payments clearly are           
               The court of appeals opinion states in pertinent part:                 
               the trial court ordered that defendant be paid alimony                 
               until death or changed circumstances.  We note that                    
               defendant requested only an eight-year alimony award.                  
               In light of defendant's testimony that she would                       
               require alimony for eight years, we find the trial                     
               court's order of permanent alimony improper.                           
               Accordingly, we remand for modification of the divorce                 
               judgment to reflect an alimony award of $250 a week for                
               eight years.                                                           
               In light of the language contained in the court of appeals             
          opinion, we find that the termination upon death provision                  
          contained in the Judgment of Divorce was not modified by the                
          higher court's opinion. The issue raised in the appeal was the              
          length of the alimony payments, not whether the payments were in            
          fact alimony.  We conclude that the original nature of the                  
          payments was not changed; instead, the payments were merely                 

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