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COOK v. COOK

No. 89-SC-799-DG.

798 S.W.2d 955 (1990)

Lavelle M. COOK and Kenneth S. Matheis, Appellants, v. Patsy Jane COOK, Appellee.

Supreme Court of Kentucky.

November 29, 1990.

Attorney(s) appearing for the Case

Kenneth S. Matheis, Donna L. Matheis, Louisville, for appellants.

Eugene L. Mosley, Mary D. Schoening, Kathleen Voor Montano, Miller, Mosley, Clare & Townes, Louisville, for appellee.

VANCE, Justice.

The question is whether the conduct of the appellee and her boyfriend amounted to "cohabitation" as that term is used in a property settlement agreement which was incorporated in the decree of dissolution of the marriage of the appellant and the appellee.

Paragraph 5 of the agreement provides as follows:

"The Petitioner shall pay to the Respondent the sum of FIVE HUNDRED DOLLARS ($500.00) per month as maintenance for her support. The...

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