Taake v. Taake

233 N.W.2d 449 (1975)

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Nature of the Case

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Facts

On October 31, 1966, H was granted an absolute divorce from W upon the ground of cruel and inhuman treatment. H and W had been married about twelve years. They had three minor children -- two of their own and an adopted child. H is a physician and surgeon. W was a housewife. The court awarded the custody of the children to W and required a support money payment of $550 per month by H. As a division of estate, W was awarded the home of the parties, the household goods, her personal effects, and an automobile. In addition, she was awarded alimony in the amount of $200 per month. On February 6, 1968, the judgment was amended to provide that H have custody of the children, and the provision for support money payments was deleted. In 1971, W met Lyle Fink. Fink was divorced from his wife and was employed as a maintenance painter for the Madison school system. Fink was negotiating for the purchase of a home on School Road in Madison. For a period of four to five weeks prior to actual occupancy of the School Road home, Fink lived with W in her Madison apartment. In December of 1971, they moved into his newly purchased home on School Road. W was to pay Fink $25 per month rent and pay for a part of the groceries and do at least a part of the housework. She had a separate bedroom. W has been unemployed a part of the time due to alleged emotional problems. Fink suffered an injury while at work, has received some workmen's compensation benefits but is unemployed. W and Fink have occasional sexual relations and W fails to correct persons when they refer to her as Mrs. Fink. Fink testified he considered W to be his wife but later changed his testimony to the effect that they were very, very good friends. In September of 1972, H ceased making the monthly $200 alimony payments and in May of 1973 petitioned the court for an order amending the judgment to terminate alimony. The court found that W had a de facto marriage. The court terminated alimony and barred future alimony. W appealed.