Mecham v. Mecham

EDWARD N. SCRUGGS, Retired Circuit Judge.

A former husband sought to terminate periodic alimony to his ex wife upon the ground that she was “living openly or cohabiting with a member of the opposite sex.” § 30-2-55, Code of Alabama of 1975.

The evidence conflicted. Part of the testimony, if believed and considered alone, was sufficient to authorize the termination of alimony. On the other hand, portions of the evidence were adequate to defeat his objective of ending his alimony obligation.

Whether an ex spouse is living openly or cohabiting with a member of the opposite sex is a question of fact…