Myers v. Myers
Annotate this CaseHusband and Wife divorced pursuant to a divorce decree that required Husband to pay monthly alimony to Wife. Wife later moved in with her parents and developed a relationship with one of her parents' foster children, M.H. Husband then filed a petition to modify the divorce decree, seeking to terminate his alimony obligation on the basis of Wife's alleged cohabitation with M.H. The district court concluded that Wife had cohabitated with M.H. and terminated Wife's right to alimony. The court of appeals reversed. The Supreme Court affirmed the court of appeals, holding (1) although a spouse's alimony duty terminates by statute upon a finding of cohabitation, cohabitation under the statute contemplates a relationship akin to a marriage and requires more than a finding of two individuals living under the same roof; and (2) Wife's relationship with M.H. did not rise to the level of marriage-like cohabitation, and Husband's alimony duty was accordingly not affected by it.
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