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258 Ga. 791

Daniels v. Daniels

Supreme Court of Georgia

Decided January 6, 1989

Supreme Court of Georgia · decided 1989-01-06

Cited by 1 later decisions — most recently September 1989

1 state decisions

Relies on Reiter v. Reiter

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-06

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Clarke, Presiding Justice.

¶1The trial court terminated former wife’s alimony based on the live-in lover statute, OCGA § 19-6-19 (b). The statute provides that where the alimony recipient enters into a relationship of voluntary cohabitation, dwelling together continuously and openly in a meretricious relationship with a member of the opposite sex, this shall be grounds to modify permanent alimony. As we held most recently in Reiter v. Reiter, 258 Ga. 101 (365 SE2d 826) (1988), the relationship must be meretricious and continuous and open to provide grounds for modification. All of these elements must be present. Here, the relationship resulted in the birth of a child. Although the evidence supports a finding of periodic sexual encounters, there is no evidence that the parties dwelled together continuously or openly. Therefore, the relationship fails to meet the standard authorizing a modification of permanent alimony under OCGA § 19-6-19 (b).

¶2Judgment reversed.

All the Justices concur.
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