Leroy E. Mitchell v. Frances A. Mitchell

Summary

The court held that a divorce court retains jurisdiction to modify an alimony provision despite a settlement clause requiring written consent, because the clause bars only oral modifications between the parties. It further held that unmarried cohabitation neither terminates alimony nor creates a presumption that the recipient's need has ended; cohabitation matters only to the extent it changes the recipient's financial circumstances. The court affirmed the denial of modification because the finding of no substantial financial change was not clearly erroneous, while remanding for an appropriate counsel fee on appeal.