Smith v. Smith

WILSON, Justice:

The question to which this appeal is directed: shall 12 O.S.Supp.1979, & 1289(D),1 which permits modification of support alimony when the recipient cohabits with a person of the opposite sex, apply to a grant of support alimony imposed prior to the enactment of the statute?

The parties were granted a decree of divorce on February 15, 1979. Appellee was ordered to pay to appellant a total of $3,500 in support alimony in seven annual installments, beginning December 31, 1979. On February 5,1980, appellee filed a motion to modify, alleging that appellant was cohabiting with a…