Lawwly

Cermak v. Cermak

North Dakota Supreme Court

569 N.W.2d 280 (1997)

Relevant factsFree

Duane Cermak (plaintiff) and Loretta Cermak (defendant) divorced after 30 years of marriage, and the court ordered Duane to pay Loretta $600 per month in permanent alimony. Duane had asked the court to add a provision ending the alimony if Loretta ever cohabited with another man, but the court declined and instead limited termination to Loretta's death or remarriage. Loretta later began living with another man, and Duane asked the district court to terminate the alimony, arguing the cohabitation resembled a remarriage. The district court denied the request because the original order only allowed termination on death or remarriage, and Duane appealed, also asking in the alternative for a reduction in the alimony amount.

IssueFree

Whether, when a divorce decree does not address cohabitation, the alimony recipient's unmarried cohabitation may by itself justify terminating a permanent-alimony award.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases