In Re the Marriage of Molloy
Colorado Court of Appeals
1Opinion of the Court
KELLY, Judge.
Edward A. Molloy, husband, appeals an award of accrued maintenance to his former wife, Erika Molloy, under a decree of dissolution which permitted termination of maintenance payments upon “the Wife’s death, remarriage, or cohabitation by the Wife with a third party male.” Husband claims maintenance should have been terminated when wife purchased a house in co-tenancy with a man, and they began living there on separate floors, even though they did not share a sexual relationship. The trial court held that such an arrangement does not constitute cohabitation, and awarded accrued…
2Cases cited2 opinions
- Brewer v. Brewer's EstateSupreme Court of Colorado · 1920
- In Re Marriage of ThweattCalifornia Court of Appeal · 1979
3Cited by1 opinion
- Gordon v. GordonCourt of Appeals of Maryland · 1996