The Facts
Husband and Wife divorce after
forty-two years of marriage in 2005. The divorce decree divides the property
and requires the Husband to pay $25,000 per year for ten years. However, the
decree provided that alimony would stop if the Wife cohabitated with “an unrelated
adult male.”
In 2010, the Wife moved from her
home, and rented it to reduce her expenses. She moved into the upper level of a
single family home that was owned by a man she met through an online dating
service. The man lived on the lower floor, and they had shared space on the
middle floor of the home. The Wife did not pay rent, but she did pay $300 per
month for food and often cooked for him.
The Husband stopped paying alimony
when he learned of the move, and Wife sought enforcement of the alimony obligation.
The trial court ruled that the Wife was not cohabitating under the terms of the
decree and enforced the alimony obligation.
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