- 6 - last requirement, that is, whether Ray would be liable to make the payments for any period after Linda's death. Ray and Linda could have expressly provided for the effect of her death upon his liability to make the payments otherwise provided for in paragraph 5 of the agreement, but for whatever reason, they did not. They now disagree as to what was intended by that paragraph. According to Linda, as long as the children resided in the marital home, Ray would be required to make the payments regardless of whether she was dead or alive. Linda further argues that Ray's obligation to make the payments was part and parcel of the property settlement between them and on that ground should not be considered alimony. Ray and respondent disagree with Linda on both points. They argue that if Linda died, Ray's obligation to make the payments would terminate because, obviously, she would no longer be living in the marital home. They further contend that the payments were not part of the property settlement but for the support of Linda. The language of paragraph 5 of the agreement is susceptible to different interpretations because of the use of the word "and" both in the sentence that establishes Ray's obligation to make the payments ("[Ray] will pay the remaining indebtedness on [the marital home]* * * provided that * * * Linda and the * * * children continue to live therein"), as well as in the sentencePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011