In re Marriage of Miller

Respondent filed a petition to terminate maintenance, alleging that petitioner had begun to “co-habitat with a paramour.” The trial court denied the petition finding that no de facto marriage existed. Respondent appealed and argued that the trial court finding was against the manifest weight of the evidence. The appellate court agreed and reversed, finding that under the totality of the circumstances, including that petitioner in a relationship with an individual where there was an intermingling of personal but not financial affairs, the relationship constituted a de facto marriage. (PETERSON, concurring and HOLDRIDGE, dissenting)