19-6-19
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19-6-19.
(a)
The judgment of a court providing permanent alimony for the support of a spouse
rendered on or after July 1, 1977, shall be subject to revision upon petition
filed by either former spouse showing a change in the income and financial
status of either former spouse. A petition shall be filed and returnable under
the same rules of procedure applicable to divorce proceedings. No petition may
be filed by either former spouse under this subsection within a period of two
years from the date of the final order on a previous petition by the same former
spouse. After hearing both parties and the evidence, the jury, or the judge
where a jury is not demanded by either party, may modify and revise the previous
judgment, in accordance with the changed income and financial status of either
former spouse in the case of permanent alimony for the support of a former
spouse, or in accordance with the changed income and financial status of either
former spouse if such a change in the income and financial status is
satisfactorily proved so as to warrant the modification and revision. In the
hearing upon a petition filed as provided in this subsection, testimony may be
given and evidence introduced relative to the income and financial status of
either former spouse.
(b)
Subsequent to a final judgment of divorce awarding periodic payment of alimony
for the support of a spouse, the voluntary cohabitation of such former spouse
with a third party in a meretricious relationship shall also be grounds to
modify provisions made for periodic payments of permanent alimony for the
support of the former spouse. As used in this subsection, the word
'cohabitation' means dwelling together continuously and openly in a meretricious
relationship with another person, regardless of the sex of the other person. In
the event the petitioner does not prevail in the petition for modification on
the ground set forth in this subsection, the petitioner shall be liable for
reasonable
attorneýs
fees incurred by the respondent for the defense of the action.
(c)
When an action for revision of a judgment for permanent alimony under this Code
section is pending, the court in its discretion may allow, upon motion, the
temporary modification of such a judgment, pending the final trial on the
petition. In considering an application for temporary modification under this
subsection, the court shall consider evidence of any changed circumstances of
the parties and the reasonable probability of the petitioner obtaining revision
upon final trial. The order granting temporary modification shall be subject to
revision by the court at any time before final trial.
(d)
In proceedings for the modification of alimony for the support of a spouse
pursuant to the provisions of this Code section, the court may award
attorneyś
fees, costs, and expenses of litigation to the prevailing party as the interests
of justice may require.