Kersten v. Kersten, Docket No. 77231
| Decision Date | 24 April 1985 |
| Docket Number | Docket No. 77231 |
| Citation | 366 N.W.2d 92,141 Mich.App. 182 |
| Parties | Gary Lynn KERSTEN, Plaintiff-Appellant, v. Karen Rose KERSTEN, Defendant-Appellee. 141 Mich.App. 182, 366 N.W.2d 92 |
| Court | Court of Appeal of Michigan — District of US |
[141 MICHAPP 183] Borrello, Thomas & Jensen, P.C. by Leopold P. Borrello and Jill K. Smith, Saginaw, for plaintiff-appellant.
James J. Shinners, P.C. by J. David Perez, Saginaw, for defendant-appellee.
Before SHEPHERD, P.J., and HOLBROOK and M.F. SAPALA *, JJ.
The parties were divorced pursuant to a judgment entered May 5, 1980. That judgment provided, inter alia, that plaintiff husband pay alimony to defendant wife in the amount of $1,000 a month for 121 months. On December 22, 1982, defendant wife filed a petition for an order to show cause why plaintiff had not been making the required alimony payments. The order to show cause was issued on April 5, 1983. Plaintiff promptly responded to the show cause order and additionally filed his own petition to terminate alimony. The trial judge heard arguments of counsel for [141 MICHAPP 184] both parties and held that plaintiff was to continue making the alimony payments and refused to hold a hearing on whether defendant's economic circumstances had changed sufficiently to warrant a modification or termination of alimony. Plaintiff is appealing as of right.
On appeal plaintiff contends that defendant is now cohabiting with another man and that the cohabitation is equivalent to a remarriage which should terminate the alimony. Plaintiff also asserts that defendant's cohabitation should at least be sufficient to constitute a modification of her alimony as her circumstances have changed.
We decline plaintiff's invitation to equate cohabitation with remarriage. Crouse v. Crouse, 140 Mich.App. ----, 363 N.W.2d 461 (1985). We do not find that the Legislature intended to equate cohabitation with remarriage, M.C.L. Sec. 552.28; M.S.A. Sec. 25.106, nor does the divorce agreement reflect any such intent by the parties. After our de novo review, we cannot say that the trial court abused its discretion. Carlson v. Carlson, 139 Mich.App. 299, 362 N.W.2d 258 (1984).
Plaintiff's assertion that he should be given an opportunity to prove that defendant's economic well-being has improved due to her meretricious relationship is well taken. A modification of an alimony award may be permitted upon a change of circumstances and a hearing to establish such a change. Dresser v. Dresser, 130 Mich.App. 130, 135, 342 N.W.2d 545 (1983). Plaintiff has pleaded new facts that have arisen since the divorce and the circumstances may now require revision....
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