NANCY ANN KEETON, APPELLANT,
v.
RONALD GENE KEETON, DECEASED, AND KIMBERLY KEETON SPENCE, APPELLEES
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Florida appellate court reversed the trial court's determination that a Kentucky divorce decree's maintenance obligation did not survive the obligor's death, holding that the property settlement agreement's language binding successors and heirs meant the obligation survives under Kentucky law.
A property settlement agreement incorporated into a divorce decree survives the obligor's death when the agreement expressly binds successors, heirs, and assigns, even without explicit language addressing post-death maintenance obligations.
[1] A property settlement agreement incorporated into a divorce decree survives the obligor's death when the agreement expressly binds the obligor's successors, heirs, and as…
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Language in the property settlement agreement indicating the parties' intent for obligations to survive the obligor's death.
Nancy Ann Keeton sought to enforce a property settlement agreement from her Kentucky divorce decree against Ronald Gene Keeton's estate in Florida und…
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PER CURIAM.
Appellant appeals the trial court’s Order Denying Petition to Register and Enforce Foreign Decree. In her Petition, Appellant seeks to enforce a property settlement agreement incorporated into the divorce decree between Appellant and Ap-pellee/Decedent pursuant to the Uniform Interstate Family Support Act (“UIFSA”), codified in Chapter 88, Florida Statutes. We affirm the trial court’s finding that the property settlement agreement is enforceable in Florida. We also affirm the trial court’s finding that pursuant to section 88.6041, Florida Statutes, Kentucky law controls whether Appellee/Decedent’s maintenance obligation survives his death. However, we reverse, holding that the trial court misapplied Kentucky law.
The trial court erroneously found that the two cases providing precedent in Kentucky on this issue were inconsistent. We find John v. John, 893 S.W. 2d 373 (Ky.App.1995), and Clark v. Clark, 601 S.W. 2d 614 (Ky.App.1980), are distinguishable, but not conflicting. As in John, the property settlement agreement in this case was an agreed-to contract between the parties, and was not required to expressly address the termination of maintenance payments upon the obligor’s death pursuant to KRS 403.250(3). Further, the parties included in their agreement that it “shall be binding on their successors, heirs and assigns.” Therefore, we hold that the obligation contained in the agreement survives Appellee/Decedent’s death.
REVERSED and REMANDED for further proceedings in accordance with section 88.6071(3), Florida Statutes (2000).
BOOTH, WEBSTER and PADOVANO, JJ., concur.
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Blitz v. Fla. Dep't OF Revenue o/b/o Catherine Maxwell, 898 So. 2d 121 (Fla. 4th DCA 2005)…that this was error. We agree. Choice of law provisions in property settlement agreements are valid and enforceable pursuant to the Uniform Interstate Family Support Act, as codified in Chapter 88, Florida Statutes. See generally Keeton v. Keeton, 807 So. 2d 186 (Fla. 1st DCA 2002)(holding that property settlement agreement was enforceable in Florida with Kentucky law controlling). A trial court’s determination as to which law to apply is reviewed de novo. See Collins Moving & Storage Corp. v. Kirkell, 867…