DocketNumber: No. FA 91-0104976
Citation Numbers: 1998 Conn. Super. Ct. 11353
Judges: PELLEGRINO, J.
Filed Date: 10/1/1998
Status: Non-Precedential
Modified Date: 4/18/2021
According to the sheriff's return, this motion was served by hand upon plaintiff on July 31, 1998, at the residence she shares CT Page 11354 with Dr. Russell Randall, at 596 Old Sherman Hill Road, Woodbury, Connecticut. The motion came before this court for evidence and argument on September 14, 1998. The relevant facts are as follows.
The parties' marriage was dissolved on September 1, 1993. As part of the judgment of dissolution, the court accepted, approved and incorporated by reference into the judgment a written "Stipulation" entered into by the parties providing that defendant would pay plaintiff $250.00 each week in alimony, which amount would be decreased to $1.00 per year in 2003, unless modified or terminated earlier. The Stipulation at paragraph 2A further provides that "[t]his order shall terminate sooner upon the death of either party, remarriage of the plaintiff wife, or her cohabitation as defined in §
Plaintiff admittedly has been living with Dr. Randall for some time. They have vacationed together. In 1997, he bought the house where they currently reside, and according to plaintiff's financial affidavit dated September 14, 1998, Dr. Randall pays the mortgage and all household utilities.
Defendant seeks to terminate alimony solely on the basis of the parties' Stipulation, which in and of itself provides for termination of his obligation upon the occurrence of plaintiff's cohabitation "as defined in §
The only issue before the court is whether plaintiff has been cohabitating within the meaning of §
Accordingly, defendant's motion is granted. Alimony is hereby terminated as of July 31, 1998.
PELLEGRINO, J.