Summary: Guy pays $250 a month in permanent lifetime alimony. Ex wife moves in with a "roommate" because she couldn't afford to live alone. Admits to having sex with said roommate three times. Ex wife would stay with a friend or sister once a month seemingly to avoid the 90 day consecutive cohabitation required by the state to terminate alimony. In the end the family court increased Husband's alimony obligation to $1,200 per month. Finally, the court directed Husband pay $10,000 of Wife's attorney's fees and costs.

Husband and Wife were married on June 6, 1966, and had two children. After twenty-seven years of marriage, in 1994, the parties were divorced on the ground of one year's continuous separation. In its divorce order, the family court approved an agreement entered into by Husband and Wife. Under the terms of their agreement, Husband was obligated to pay Wife $250 per month in permanent alimony until her death or remarriage. A provision in their agreement provided Wife's alimony would increase to $400 when their youngest child "complet[ed] college of highest education he desire[d]." Additionally, pursuant to their agreement, Husband agreed to pay Wife "one half of any retirement, up to the date the parties are divorced, as it becomes available." In 2002, the family court increased Husband's monthly alimony to $675 after Wife petitioned the family court for an increase.

On July 19, 2005, Husband petitioned the family court to terminate his alimony obligation based on Wife's continued cohabitation with another man, Ronald Robinson. Additionally, Husband requested reasonable attorney's fees and costs. Subsequently, Husband filed an amended complaint on January 18, 2006, essentially making the same allegations. Wife answered Husband's complaint, counterclaimed for an increase in alimony, and also sought attorney's fees and costs.

At trial evidence demonstrated Wife could not afford the home she purchased and has had to live with friends and relatives. At one time she lived in a substandard house with inadequate plumbing and only a partial roof. She had financial troubles, and on occasion did not have enough money for food. Additionally, Wife's health was deteriorating, and she could not afford health insurance or prescription medication. Because of her health problems, she appeared unable to work.

After striking up a friendship with Ronald Robinson, Wife moved in with him in his North Myrtle Beach apartment from August 2004 until October 2005 "as a roommate." While living with him, Wife helped Robinson with his business, and he provided her financial support. Both insisted they were not engaged in a "romantic relationship," though they admitted having consensual sex approximately three times. Additionally, Wife maintains she would spend time with a friend at least twice a month and with her sister once a month so that she was not staying with Robinson on a full-time basis. When the present action began, Wife was living in an apartment in Charleston, and Robinson was helping pay her rent.

The family court refused to terminate Husband's alimony obligation based on his continued cohabitation allegation. The family court found the evidence presented did not prove Wife lived with Robinson for ninety consecutive days or that Robinson and Wife were involved in a romantic relationship. After finding a substantial change in Husband and Wife's circumstances, the family court increased Husband's alimony obligation to $1,200 per month. Finally, the court directed Husband pay $10,000 of Wife's attorney's fees and costs. Husband filed a motion to alter or amend judgment which the family court denied.