Konzelman v. Konzelman

729 A.2d 7 (1999)

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Nature of the Case

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Facts

H and W were married for 27 years. The final divorce decree was entered in 1991. It had a property settlement agreement that provided that H would pay support and maintenance of $700 per week and that would terminate should W cohabitate with an unrelated male for a period of four continuous months. H hired a PI to verify that W was living with someone else. The surveillance was for seven days a week for 127 days. The PI reported on the various activities of an unrelated adult male at W's home. The report was that this man returned every evening and went to work every morning and parked his car in the garage, He did yard work and picked up the evening newspaper every night and even answered the door to the home. He used W's home phone number as a contact number for his softball team. H then terminated alimony payments. W filed a motion denying cohabitation and demanding arrearages. The trial court ordered H to pay support arrears and resume payments until a plenary hearing could be held. This hearing was conducted over 13 days and basically showed that W was cohabitating. But the trial court held the provision terminating alimony was invalid. The trial court also determined that W was getting $170 per week from unidentified sources and as such H's support obligation was lessened by that amount. H appealed. W appealed and the appeals court reversed and held the agreement valid and terminated the alimony. W appealed.