Thank you Customer for answering my questions.
This is solely a contracts issue as it is not connected with their divorce.
A verbal agreement is binding if one of the parties has performed in reliance to that agreement. The fact that your husband has been paying her on a monthly basis, continuously for the last two years, does give her grounds to state the existence of a verbal agreement. Her burden of proof would be to prove that she has detrimentally relied on the past two years in receiving these funds and that your husband's performance in paying her ever month is evidence of the agreement. Your husband's burden would be to disprove this, but the fact that he has been making these payments continuously for the past two years, will really make it difficult for him to dispute the existence of the verbal agreement. From his pattern of behavior, a judge can rule that the verbal agreement is valid.
As this agreement was not made through a court order, the provisions for alimony
would not apply and so your husband would not be able to state that such payments should now cease because of her remarriage
. If it was agreed to be for 14 years, then the judge can order that it continue for the balance period of time, unless your husband can settle this for one large lump some and obtains a satisfaction and accord with the ex. If the ex agrees to the accord and satisfaction and the payment is made, the lawsuit can be dropped.
As to punitive damages. Although she can ask for punitive damages (in order to punish your husband), they are rarely given in a contracts lawsuit as your husband's behavior in avoiding to pay would have to be considered malicious and extreme that the judge would want to "punish him" for not paying. I don't see that happening here.
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