Penn v. Penn

Alimony terminated; wife appeals.

On September 4, 1981 the parties to this appeal were divorced by a decree of the Circuit Court of Montgomery County. In that decree the court divided the parties' property and ordered the husband to pay the wife alimony in gross and periodic alimony.

On November 12, 1982 the ex-husband filed a petition to modify the divorce decree. He sought to have the periodic alimony payments terminated pursuant to section 30-2-55, Code 1975, because his ex-wife had lived openly or cohabited with a member of the opposite sex in violation of the statute.

The former Mrs. Penn…