Rutland v. Rutland

The husband petitioned for a termination of periodic alimony pursuant to section 30-2-55, Code 1975. The trial court denied his relief and he timely appealed.

After an ore tenus trial before the circuit court, that court made the following findings as to the facts:

"The sole issue before the Court at this time is whether the former Wife's alimony should be terminated pursuant to § 30-2-55, Code of Alabama, 1975, as amended, for living openly or co-habitating with a member of the opposite sex. The evidence showed that the parties were divorced November 6, 1981. The Wife was awarded a house and…