Mason v. Mason (Majority, with Dissenting)Annotate this Case
The mandatory termination language in Ark. Code Ann. 9-12-312(a)(2)(D) does not apply retroactively to automatically terminate alimony awards entered before the 2013 amendment.
Pursuant to a 2011 divorce decree, the court awarded Debra Mason alimony. In 2014, Debra filed a motion to modify the alimony award. Charles Mason responded that, based on a 2013 amendment to Ark. Code Ann. 9-12-312(a)(2), his obligation to pay alimony terminated when Debra began living with her boyfriend. The circuit court concluded (1) Charles's obligation to pay alimony ceased as a matter of law because Debra and her boyfriend cohabited full-time, and (2) applying the statute to the divorce decree would not have a retroactive effect. The Supreme Court answered a question certified to it by the court of appeals and remanded the case to the court of appeals, holding that the statute does not automatically terminate alimony awards entered before August 6, 2013.