Provenzano v. Jones, 302 Ga. 139

Husband and Wife divorced in April 2014; final decree required Husband to pay $3,000/month alimony for 60 months plus one-third of net bonuses/commissions during that period.
Husband filed a petition to modify alimony under OCGA § 19-6-19(b) on January 25, 2016, alleging Wife voluntarily cohabited in a meretricious relationship beginning in late 2014.
Wife lived with her boyfriend from August 2014 until September 10, 2015, sharing household expenses and engaging in a sexual relationship; she then rented her own apartment beginning October 1, 2015.
Wife admitted sexual relations with the boyfriend again between January and April 2016 but argued she was living alone when the modification action was filed and had taken steps to conceal her living arrangements.
The trial court found Wife had voluntarily cohabited in a meretricious relationship and reduced Husband’s alimony obligation to $2,000/month for the remaining term; the Supreme Court of Georgia affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior cohabitation supports modification under OCGA § 19-6-19(b)	Wife: statute applies only to ongoing cohabitation at time of filing	Husband: statute covers voluntary cohabitation occurring after final divorce judgment, no timing limitation	Held: statute applies to voluntary cohabitation occurring subsequent to the divorce; prior cohabitation can support modification
Whether Wife’s conduct met statutory "cohabitation" (dwelling together continuously and openly)	Wife: she was living alone when action filed and concealed arrangements; lacked open dwelling together	Husband: Wife admitted shared household, shared expenses, and sexual relationship while cohabiting	Held: trial court reasonably found cohabitation — shared household, expenses, and admitted sexual relationship satisfied the standard
Whether trial court’s factual findings were clearly erroneous	Wife: trial court misapplied law and credibility of her testimony warrants reversal	Husband: trial court credibility determinations entitled to deference	Held: appellate court defers to trial court; findings not clearly erroneous
Whether petitioner should be liable for respondent’s attorney fees if petitioner fails	Wife: N/A to her benefit	Husband: statutory provision imposes fee liability if petitioner does not prevail	Held: statutory fee-shifting provision exists (addressed in statute; not outcome-determinative here because petitioner prevailed)

Hathcock v. Hathcock, 249 Ga. 74 (Ga. 1982) (defining cohabitation as dwelling together continuously and openly, including sexual intercourse or sharing living expenses)
Strunk v. Strunk, 294 Ga. 280 (Ga. 2013) (appellate review of modification actions: abuse of discretion standard; factual findings set aside only if clearly erroneous)
Patel v. Patel, 285 Ga. 391 (Ga. 2009) (trial court credibility determinations entitled to deference)