Legal Opinion

In Re the Marriage of Molloy

Colorado Court of Appeals

Decided October 22, 1981No. 80CA0671PublishedCited by 1 opinion

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

  1. Brewer v. Brewer's EstateSupreme Court of Colorado · 1920
  2. In Re Marriage of ThweattCalifornia Court of Appeal · 1979

3Cited by1 opinion

  1. Gordon v. GordonCourt of Appeals of Maryland · 1996

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