In re the Marriage of Vasconcellos

Husband appeals from a denial of his second motion to modify a Nevada dissolution decree by terminating spousal support. He contends that wife is “cohabitating” with a man and that the Nevada divorce decree provides for termination of support upon cohabitation.1 Husband initially sought to terminate support in a prior action commenced in October, 1981, based on the same anti-cohabitation provision of the Nevada decree. The trial judge in the first proceeding found that wife was not cohabitating with a man and denied husband’s motion to modify the decree. An appeal from that action was filed…