Under settlement agreement, Husband pays alimony to Wife until Wife remarries or cohabitates with someone for over three months.
Wife is sentenced to prison for DUI.
Wife has female cellmate.
Husband pursues termination of alimony based on Wife’s “cohabitation” with her cellmate.
The trial court rejects Husband’s claim.
Intermediate appellate court reverses, holding that Wife is “cohabitating” with her cellmate within the meaning of their settlement agreement. Alimony terminates.
The ruling appears to be based solely on the literal meaning of the language of the settlement contract.
The ruling does not appear to interpret or be founded in any way upon the supportive relationship statute which permits modification or termination of alimony when the recipient cohabitates with another in a “supportive relationship”.