Strait v. Strait

4 Citing cases

  1. Davalos v. Dale

    No. E2022-00859-COA-R3-CV (Tenn. Ct. App. Sep. 1, 2023)

    that 'the living situation at the time of trial must be considered in determining whether the [cohabitation] statute applies.'" Hickman, 2014 WL 786506, at *4 (quoting Strait v. Strait, No. E2005-02382-COA-R3-CV, 2006 WL 3431933 at *5 (Tenn. Ct. App. Nov. 29, 2006)).

  2. Schwab v. Schwab

    No. M2022-00590-COA-R3-CV (Tenn. Ct. App. Dec. 1, 2023)   Cited 1 times

    She also relied on a series of cases that stand for the proposition that "the living situation at the time of trial must be considered in determining whether the statute applies." See Wiser, 2015 WL 1955367, at *5 ("An obligor spouse cannot rely on Tenn. Code Ann. § 36-5-121(f)(2)(B) to terminate or suspend alimony payments if the alleged cohabitation ceased before the modification petition was tried."); accord Hickman v. Hickman, No. E2013-00940-COA-R3-CV, 2014 WL 786506, at *4 (Tenn. Ct. App. Feb. 26, 2014); Strait v. Strait, No. E2005-02382-COA-R3-CV, 2006 WL 3431933, at *5-6 (Tenn. Ct. App. Nov. 29, 2006); Evans v. Evans, No. M2002-02947-COA-R3-CV, 2004 WL 1882586, at *5 (Tenn. Ct. App. Aug. 23, 2004); Woodall, 2004 WL 2345814, at *5. Therefore, Wife asserted that Husband had no cause of action because the cohabitation had ceased.

  3. Scherzer v. Scherzer

    No. M2017-00635-COA-R3-CV (Tenn. Ct. App. May. 24, 2018)

    A finding that an alimony recipient is living with a third person does not end the inquiry of whether transitional alimony should be suspended in whole or in part. Wright v. Quillen, 83 S.W.3d 768, 775 (Tenn. Ct. App. 2002); Strait [v. Strait], [No. E2005-02382-COA-R3-CV,] 2006 WL 3431933 at *5 [(Tenn. Ct. App. Nov. 29, 2006)]. Such a finding "merely shifts the evidentiary burden in a modification proceeding" to the alimony recipient.

  4. Hickman v. Hickman

    No. E2013-00940-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2014)   Cited 10 times

    This Court has stated on several occasions that "the living situation at the time of trial must be considered in determining whether the statute applies." Strait v. Strait, No. E2005-02382-COA-R3-CV, 2006 WL 3431933 at *5 (Tenn. Ct. App. E.S., filed Nov. 29, 2006) (emphasis in original) (citing Evans v. Evans, No. M2002-02947-COA-R3-CV, 2004 WL 1882586 at *5-6 (Tenn. Ct. App. M.S., filed Aug. 23, 2004) and Woodall v. Woodall, No. M2003-02046-COA-R3-CV, 2004 WL 2345814 at *4 (Tenn. Ct. App. M.S., filed Oct. 15, 2004)). Wife testified that she allowed Pekala to stay with them for a period of about four months after he was kicked out of his parents' house.