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IN RE MARRIAGE OF ALES

No. 98-297.

592 N.W.2d 698 (1999)

In re the MARRIAGE OF Linda S. ALES and Gary A. Ales. Upon the Petition of Linda S. Ales, Appellee, And Concerning Gary A. Ales, Appellant.

Court of Appeals of Iowa.

January 27, 1999.

Attorney(s) appearing for the Case

Stephen W. Newport and Cheryl J. Newport of Newport & Newport, P.L.C., Davenport, for appellant.

Morton A. Teitle and Justin A. Teitle of Teitle Law Offices, Davenport, for appellee.

Heard by SACKETT, P.J., and HUITINK and VOGEL, JJ., but decided en banc.

VOGEL, J.

Gary Ales appeals the district court order denying his petition to modify economic provisions of the parties' dissolution decree. His main contention is that his spousal support payments to his former wife, Linda, should decrease or terminate as she is cohabitating with another man. Because we find cohabitation carries similar attributes as remarriage, we determine that the burden of continuing spousal support upon cohabitation should shift to the recipient...

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