Ninth time’s the charm

Posted Wednesday, January 29th, 2020 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On January 16, 2020 the South Carolina Supreme Court denied certiorari in Moore v. Moore, 427 S.C. 26, 828 S.E.2d 224 (Ct. App. 2019). After eight prior published appeals denying alimony termination based upon allegations of continuing cohabitation, Moore is the first “final” published opinion in which a supporting ex-spouse successfully terminated his alimony on this basis–with the Court of Appeals finding continued cohabitation after the family court initially denied his claim.

Twice previously I had blogged about the practical impossibility of terminating alimony on this basis. The Moore case establishes a pathway to a successful prosecution of this claim.