D'ascanio v. D'ascanio

678 A.2d 469 (1996)

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Nature of the Case

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Facts

Joseph (H) and Mary (W) were divorced in 1986. Pursuant to the decree H was to pay W $900 per week for so long as she lives and remains unmarried. The parties returned to court on numerous occasions, but eventually, the parties entered into a written settlement agreement that modified a number of the terms of the dissolution agreement. The trial court approved that agreement finding that it was fair and equitable. The new agreement called for alimony of $700 per week for 507 weeks with this provision not being modifiable except that in the event that W remarries or cohabitates, as defined by statute, the alimony shall be reduced in half. In 1994, H alleged that W was cohabitating with Dean Griffin and moved to have the alimony reduced in half. The trial court refused to apply the terms of the modification even though it found that W was cohabitating. The court reduced the award by $100 per week. This appeal ensued.