Love v. Love

Ann B. Love (plaintiff) and Miller L. Love, Jr. (defendant) were married in 1962, and Ann was granted a divorce in 1990 on the grounds of adultery. The separation agreement incorporated into the divorce order addressed all issues in the divorce and included $1,100 per month alimony to Ann, until the earlier of her remarriage or death. The agreement also stated that the court could modify its provisions, including alimony. In 1995, Ann petitioned the court for modification of alimony, and the parties agreed prior to a hearing that the monthly alimony payments would increase to $1,700. Also in 1995, Ann began dating Otis Goodwin. Ann moved into Goodwin's house a year and a half later. Ann paid Goodwin $200 per week for rent and utilities and was a cardholder on Goodwin’s credit card account, although each paid his or her own portion of the bill. Goodwin could write checks on Ann’s business account, and Goodwin had made business loans to Ann and gifted her real estate worth $40,000. Ann and Goodwin admitted the romantic nature of their relationship, but they were not married and had no intention of getting married. In 2003, Miller filed for modification of alimony, alleging Ann’s relationship with Goodwin was tantamount to a remarriage. The trial court terminated alimony, and Ann appealed, arguing that the court lacked the authority to terminate alimony.