In Re Marriage of Benjamins

— In this appeal we are asked to decide whether a supporting spouse must continue to pay a supported spouse’s medical insurance premium after the supported spouse’s death, pursuant to a marital settlement agreement which limits the parties’ right to modify its terms. We answer the question in the negative and reverse the order of the trial court which denied reimbursement of amounts paid for medical insurance covering periods after the supported spouse’s death. We also reverse an award of attorney fees and costs tile trial court imposed against the supporting spouse as a sanction for filing the motion for reimbursement.

Facts and Proceedings Below

Appellant, Abraham Benjamins, and Annette Benjamins separated in July 1983, after a 10-year marriage. The marriage was terminated as to status in February 1987. Eventually the parties entered into a marital settlement agreement which resolved the remaining issues between them. On August 30, 1990, the terms of the settlement agreement were read into the record in open court. This agreement was accepted by the court as the final judgment on January 17, 1991.

Paragraphs 5 through 17 of the agreement provide for equalizing…