Hussein-Scott v. Scott
298 P.3d 179
Alaska2013Background
- Marital settlement agreement (Florida decree) governs alimony; termination date ambiguously stated as 12/2/2020 and a separate “to be paid until Yasmine’s 18th birthday or until remarriage” clause.
- Yasmine turns 18 on Aug 1, 2015; Myriam turns 18 on Dec 2, 2020; dispute centers on which clause controls end date.
- Alimony provisions were recorded on a pre-printed form; one line for termination date, another for “any other specifics.”
- Superior Court found the 2016 end date (Aug 1, 2016) based on credibility of testimony; Florida law governs under UIFSA’s choice-of-law rule.
- Alaska Supreme Court interprets the contract de novo for legal questions, potentially relying on extrinsic evidence only if necessary to resolve ambiguity.
- Court reverses, holding the earlier term (12/2/2020) controls and ends alimony either on that date or upon Camilla’s remarriage, if earlier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which termination date controls the alimony clause. | Camilla argues the later date reflects the parties’ intent. | Jerry argues the 12/2/2020 date was a clerical error and the younger child’s date should govern. | The 12/2/2020 date prevails; alimony ends on that date (or remarriage if earlier). |
Key Cases Cited
- Zito v. Zito, 969 P.2d 1144 (Alaska 1998) (interpretation of settlement agreements; credibility not controlling on appeal)
- Wahl v. Wahl, 945 P.2d 1229 (Alaska 1997) (contract interpretation where extrinsic evidence may be used)
- Underwood v. Underwood, 64 So. 2d 281 (Fla. 1953) (contracts interpreted as other contracts; intent matters)
- Cook v. Cook, 249 P.3d 1070 (Alaska 2011) (contract interpretation; use of Florida/Alaska principles)
- Florida Power Corp. v. City of Tallahassee, 18 So. 2d 671 (Fla. 1944) (principles of contract interpretation; precedence of terms)
