McNatt v. McNatt

Kathy D. McNatt ("the former wife") timely appeals from a judgment that terminated payment to her of periodic alimony by James Mark McNatt ("the former husband"). The trial court's order states:

"Based on evidence submitted to the Court, it is the finding of the Court that Respondent, Kathy D. McNatt, is cohabiting with a member of the opposite sex. Therefore, pursuant to the Code of Alabama § 30-2-55 the payment of periodic alimony by Petitioner, James Mark McNatt, is terminated as of the date of filing the Petition being August 13, 2003."

The trial court heard evidence ore tenus.

"Under the…