Paul v. Paul

60 A.3d 1080 (2012)

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Nature of the Case

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Facts

H and W were divorced in 2006. Their divorce agreement provided that alimony shall terminate upon 'cohabitation of Wife as that term is defined in 13 Del. C. § 1512(g).' W became romantically involved and H hired an investigator to conduct surveillance for the purpose of determining whether W was cohabiting. H filed a petition to terminate alimony based on the investigators report. The investigator saw Vance's car at W's house 25 of the 37 days that he observed. The car was there late at night and early the next morning. Vance was observed, 'retrieving the paper, taking the trash out, feeding the cat, opening the garage door (which he knew the code to), and watering plants, all on multiple occasions.' Vance also did yard work and escorted a painter into the house. W testified she had an exclusive relationship and that he stays at her house about two to four nights a week. She stated she could not live with Vance because he is neat, and she is messy. They both maintained separate homes. The Family Court held that H failed to establish that W permanently or continuously resides with Vance. H appealed.