Paul v. Paul

The issue before the Supreme Court on appeal in this case was the meaning of the term "regularly residing" as used in Delaware’s alimony statute. The Family Court denied appellant's petition to terminate alimony, finding that appellee and her companion were not permanently or continuously residing together. The trial court focused on the fact that appellee and her companion maintained separate homes, and the absence of evidence as to whether they spent the majority of their free time together. Upon review, the Supreme Court held that that the trial court applied an incorrect standard in evaluating the evidence: (1) the term "regularly residing" means "liv[ing] together with some degree of continuity . . . .;" (2) the fact that appellee and her companion were retirees did not change the analysis of whether they were regularly residing together; and (3) two people may be regularly residing together even though they maintain separate homes. View "Paul v. Paul" on Justia Law