Barton v. Barton
2012 SD 44
S.D.2012Background
- Jeannine Barton and Donald Barton divorced in 1993; circuit court awarded Jeannine permanent alimony, a $150,000 equalizing judgment, and attorney fees.
- The 1994 order clarified $40,000 of the $150,000 and all attorney fees as maintenance; a post-appeal settlement reduced the $150,000 and released further claims, but alimony remained.
- The settlement was not incorporated into the divorce decree.
- In 2009 Jeannine moved to modify alimony; in 2011 the court granted $1,500 monthly alimony and extended it beyond Donald’s death.
- Donald appealed, and the supreme court reversed the modification order on multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to modify alimony | Jeannine contends the Agreement released claims and estopped modification | Donald argues SDCL 25-4-41 grants continuing modification authority | Yes, court had jurisdiction to modify under SDCL 25-4-41 |
| Whether Jeannine demonstrated a change in circumstances warranting modification | Jeannine shows changed needs and Donald’s improved financial position | Change in circumstances not proven or substantial | Modification abused; change in circumstances not established |
| Whether the alimony modification extended beyond Donald’s death | Jeannine’s needs warrant continued support after death | Alimony is generally terminated at obligor’s death | Modification extending beyond death was abuse of discretion |
| Whether appellate attorney fees are warranted | Party seeks fees under alimony-related standards | Not warranted given the circumstances | Denied |
Key Cases Cited
- Lodde v. Lodde, 420 N.W.2d 20 (S.D. 1988) (change in circumstances standard for modification of alimony)
- Moore v. Moore, 763 N.W.2d 536 (S.D. 2009) (abuse of discretion standard; modification requires change in circumstances)
- Oman v. Oman, 702 N.W.2d 11 (S.D. 2005) (trial court may modify alimony post-judgment)