Moore v. Moore

763 N.W.2d 536 (2009)

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Moore v. Moore

South Dakota Supreme Court
763 N.W.2d 536 (2009)

Facts

Denice Moore (plaintiff) and John Moore (defendant) married in 1975. Denice was diagnosed with multiple sclerosis (MS) in 1999, and John left the marital home in March 2001. John and Denice divorced in December 2003. The couple reached a property agreement, which was incorporated into the final decree of divorce. The property divorce gave John 13 percent of the marital assets and Denice 87 percent of the marital assets. The divorce decree ordered John to pay $100 per month in alimony to Denice until Denice’s death, remarriage, or reaching age 65. After the divorce, Denice started living with Russell Dulany, and John remarried Luanna Bowen. Denice filed a petition for alimony modification in 2006. The trial court granted Denice’s application for alimony modification, increasing John’s monthly payments to Denice and ordering John to pay costs. John appealed.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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