H and W married in June of 1964. H was granted a divorce on January 11, 1995. H was to pay $600 per month in spousal support. The permanent support was to cease upon the death or remarriage of W. H had asked the district court to include a clause that would terminate spousal support upon the cohabitation of W, but the court did not do so. In mid-1995, W took up residence with a man whom she had been seeing during the pendency of the divorce proceeding. W moved in with the paramour while the prior appeal was pending, the effect of the 'live-in' relationship was never reviewed by the Court. In August of 1996, H filed a motion requesting his support obligation be reduced or terminated because w was living with another man. The court denied the request because the original order had no provisions for cohabitation. H appealed.

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