In re Marriage of Walther

Court denied Petitioner's petition to terminate maintenance. Judgment of dissolution had incorporated by reference marital settlement agreement (MSA), which obliged Petitioner to pay spousal maintenance to wife, but that obligation would terminate if wife cohabits with another person on a resident, continuing conjugal basis. Under totality of circumstances and considering 6 factors, vast majority of evidence clearly establishes that wife cohabited with boyfriend on a resident, continuing conjugal basis, and relationship appears to be a de facto husband and wife relationship.(SCHMIDT, concurring; CARTER, dissenting.)