Marriage of Myers v. Myers

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Fourth District Court of Appeals brought by Appellee Beverly Rita Myers. Appeal was brought by Petitioner Duane Hopper Myers following denial of his petition to modify the trial court's maintenance award in his dissolution of marriage decree entered in accordance with a prior separation agreement.

Two issues were presented and disposed of by the Court of Appeals:

1) whether the trial court should have modified the maintenance award based on the fact that wife began cohabiting with another man; and

2) whether husband's…