In 2009, Mr. and Mrs. Rosenfeld agreed to child custody and child support arrangements further stipulating that Dr. Rosenfeld would pay permanent spousal support in the amount of $3,000 per month for two years beginning in August 2009 and $2,000 per month thereafter for four years.  Settlement documents executed between the parties did not contain a non-modification clause.  Eventually, Mrs. Rosenfeld remarried and Dr. Rosenfeld moved to terminate her spousal support awards pursuant to LSA-C.C. Art. 115.

The Trial Court found that the agreement entered into by the parties did not expressively prohibit modification and therefore terminated Mrs. Rosenfeld's spousal support award.  On appeal, the Fifth Circuit affirmed the Trial Court's award noting that the jurisprudence demonstrates that a non-modification clause contained in a Consent Judgement will be enforced by Louisiana courts and prohibit modification of a spousal support agreement.  In this case, however, the Consent Judgement failed to expressively prohibit modification of the award and therefore, the award was subject to modification or termination.  Louisiana Civil Code Article 115 specifically provides that by operation of law, the obligation of a spouse to pay spousal support is extinguished upon remarriage of the obligee's spouse.  The Fifth Circuit noted that the Judgement of the Trial Court was correct in the determination that Article 115 applied to the facts of this case and as a matter of law, terminated any obligation Dr. Rosenfeld had to pay spousal support to Mrs. Rosenfeld following her remarriage.

Rosenfeld v. Rosenfeld, 11-686 (La. App. 5th Cir., 3/13/12), 90 So.3d, 1077 (2012).