Susan Crosby Wilkinson v. Bradley Webb Wilkinson

This is a post-divorce case. Appellee Wife and Appellant Husband entered into a marital dissolution agreement, which was incorporated, by reference, into the final decree of divorce. The agreement provided for transitional alimony payments, which would “self-terminate” upon the occurrence of certain conditions, including cohabitation. Husband developed a belief that Wife was cohabitating and, relying on the self-termination clause, ceased payment of spousal support without court intervention. Wife subsequently filed a petition for civil contempt, seeking a monetary judgment in the amount of alimony arrears and attorney’s fees. The trial court determined that Husband was not in contempt, but awarded alimony arrears and attorney’s fees in favor of Wife. Husband appeals. Affirmed and remanded.