THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

Bonnie L. McKinney, f/k/a Bonnie L. Pedery, 

Respondent, 

v. 

Frank J. Pedery, Petitioner. 

Appellate Case No. 2013-002601 

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS 

Appeal From Greenville County 

Billy A. Tunstall, Jr., Family Court Judge 

Opinion No. 27567 

Heard May 7, 2015 – Filed August 26, 2015 

REVERSED AND REMANDED 

Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, 

for Petitioner. 

Kim R. Varner, of Varner & Segura, and J. Falkner 

Wilkes, both of Greenville, for Respondent . 

CHIEF JUSTICE TOAL: Petitioner Frank J. Pedery argues the court of appeals 

erred in affirming the family court's termination of Respondent Bonnie 
 

McKinney's alimony obligation to him and the family court's failure to award 

Pedery attorney's fees. We reverse and remand. 

FACTS/PROCEDURAL BACKGROUND

 Pedery and McKinney divorced on May 3, 2006. In the family court's final 

order granting the divorce, the family court approved an agreement entered into by 

Pedery and McKinney, wherein McKinney agreed to pay Pedery permanent 

periodic alimony of $1,500 per month. In June 2009, McKinney sought a 

reduction or termination of her alimony obligation based on Pedery's continued 

cohabitation with his paramour, Cynthia Hamby, and a substantial change of 

circumstances. See S.C. Code Ann. § 20-3-130(B)(1) (Supp. 2012) (providing that 

periodic alimony terminates upon the "continued cohabitation of the supported 

spouse" and is "terminable and modifiable based upon changed circumstances 

occurring in the future"). According to McKinney, a decrease in her income and 

deterioration of her health constituted the substantial change in circumstances. 

The family court held a hearing on May 11, 2011. At the hearing, 

McKinney called a private investigator, Tim Greaves, as a witness to testify in 

support of her allegation that Pedery was cohabitating with Hamby. Greaves 

testified that he monitored Pedery's house in Mauldin, South Carolina, daily from 

January until June, 2009. According to Greaves, during that time, Hamby typically 

stayed at Pedery's house from Wednesday afternoon until Monday morning of each 

week. Greaves testified that on Monday mornings, Hamby commuted to Duncan, 

South Carolina, where she worked as a nanny for her grandchildren until 

Wednesday afternoons. 

Greaves testified that inside Pedery's house,1

 Hamby's toiletries and 

"feminine items" such as curling irons occupied the bathroom, and the master 

bedroom closet held women's clothing.2 Further, Greaves observed Pedery and 

Hamby buying groceries together, and it appeared that Pedery paid for the 

groceries. 

Pedery testified that he began a relationship with Hamby in 2007 or 2008. 

When Pedery met Hamby, she lived with her son in Duncan, and also worked there 

1

 Greaves gained access to the house when Pedery listed the house for sale. 

2

 Pedery acknowledged that at least some of the items belonged to Hamby. 
as a nanny for her grandchildren, as she still did at the time of the hearing. Pedery 

testified that Hamby began spending nights with him approximately six or eight 

months after they began seeing each other. According to Pedery, Hamby "lives" 

with her son, where she has a room of her own, and only "visits" Pedery at his 

house. Pedery stated that Hamby leaves her possessions in both places, and when 

she leaves Pedery's house to go to her son's house, she packs a "little overnight 

bag" containing underwear. 

At the hearing, McKinney offered the testimony of her manager at work— 

Franklin Sharp, as well as that of an employee of a direct competitor—William 

Hall—to corroborate her claim that her alimony should be reduced or terminated as 

a result of her decrease in income. Hall, the direct competitor's employee, testified 

that beginning in 2008, the competition in their field of work—insuring trucks— 

increased, and forced businesses to lower insurance rates. Although Sharp did not 

testify as to McKinney's salary, he testified that because of the increase in 

competition, his own salary had decreased by fifty percent in the previous three or 

four years. McKinney testified that her income had decreased from $230,121 in 

2007 to $119,605 in 2010. McKinney further stated that her health had declined 

since the divorce, and that she suffers from high blood pressure, diabetes, arthritis, 

osteoporosis, and lupus. 

On August 26, 2011, the family court issued an order terminating 

McKinney's alimony obligation based on its finding that Pedery "continuously 

resided with [Hamby] for not only in excess of ninety days but on a continuous 

basis for an extended period of time . . . ." As for Hamby's absences from Pedery's 

house, the family court found that they "were a requirement of [her] job and that 

[Pedery] was not attempting to use them to circumvent the intent of the law . . . ." 

Therefore, the family court found that "any absences from her residence is in the 

line of her job and do not constitute a stop of the residency . . . ." Because 

McKinney prevailed, the family court found that neither party was entitled to 

attorney's fees. 

The court of appeals affirmed the family court's order. McKinney v. Pedery, 

406 S.C. 1, 12, 749 S.E.2d 119, 125 (Ct. App. 2013). The court of appeals found 

that Pedery and Hamby "shared a home on a continuous and uninterrupted basis for 

substantially longer than ninety days," and then held that "Hamby's departure was 

more akin to a temporary absence for out-of-town travel than it was to routine 

separation based on separate residences." Id. at 8, 749 S.E.2d at 123. The court of 

appeals reasoned that 
to conclude the parties did not continuously cohabitate for at least 

ninety consecutive days because of Hamby's routine travel to care for 

her grandchildren in Duncan would run afoul of the legislative intent 

underpinning this section. To interpret this section as Pedery 

advances would allow any break in the ninety days to defeat a 

continuous cohabitation argument, rendering this section virtually 

unenforceable. For example, any time a paramour and supported 

spouse are briefly away from each other, whether it be for an out-oftown work trip, an overnight hospital stay, or for a weekend vacation, 

the family court would be prohibited from applying this section. We 

do not believe the Legislature intended for such a result. 

Id. at 10–11, 749 S.E.2d at 124 (internal citations omitted). 

Therefore, the court found that Pedery and Hamby's living arrangements 

amounted to "continued cohabitation" under section 20-3-130(B) of the South 

Carolina Code. Id. at 11, 749 S.E.2d at 125. Further, the court of appeals affirmed 

the family court's decision to deny Pedery's request for attorney's fees. Id. at 11– 

12, 749 S.E.2d at 125. 

Judge Konduros dissented on the ground that the statutory requirements of 

section 20-3-130(B) were not satisfied under the plain language of the statute. Id. 

at 12–13, 749 S.E.2d at 125–26 (Konduros, J., dissenting). Judge Konduros 

pointed out that Hamby lived with her son prior to becoming romantically involved 

with Pedery and still had her own room there, and she spent approximately four to 

five nights per week at Pedery's house—a course of conduct which was a regular 

occurrence every week. Id. (Konduros, J., dissenting). In Judge Konduros's view, 

this evidence did not support a finding that Pedery and Hamby continually resided 

together for at least ninety consecutive days or that they separated to avoid the 

termination of his alimony. Id. at 13, 749 S.E.2d at 126 (Konduros, J., dissenting). 

This Court granted Pedery's petition for writ of certiorari to review the court 

of appeals' opinion pursuant to Rule 242, SCACR. 

ISSUES PRESENTED 

I.	 Whether the court of appeals erred in affirming the family 

court's termination of Pedery's alimony based on its finding that 
Pedery continuously cohabitated with his paramour under 

section 20-3-130(B) of the South Carolina Code? 

II.	 Whether the court of appeals erred in affirming the family 

court's decision to decline to award Pedery attorney's fees? 

STANDARD OF REVIEW 

"In appeals from the family court, this Court reviews factual and legal issues 

de novo." Simmons v. Simmons, 392 S.C. 412, 414–15, 709 S.E.2d 666, 667 

(2011). To that end, an appellate court may find facts in accordance with its own 

view of the preponderance of the evidence. Dickert v. Dickert, 387 S.C. 1, 5–6, 

691 S.E.2d 448, 450 (2010). "'However, this broad scope of review does not 

require this Court to disregard the findings of the family court,'" as the family court 

"was in a superior position to make credibility determinations." Lewis v. Lewis, 

392 S.C. 381, 384–85, 709 S.E.2d 650, 651–52 (2011) (quoting Eason v. Eason, 

384 S.C. 473, 479, 682 S.E.2d 804, 807 (2009)). 

"Questions concerning alimony rest within the sound discretion of the family 

court judge whose conclusion will not be disturbed absent a showing of abuse of 

discretion." Eason, 384 S.C. at 479, 682 S.E.2d at 807 (citing Degenhart v. 

Burriss, 360 S.C. 497, 500, 602 S.E.2d 96, 97 (Ct. App. 2004)). An abuse of 

discretion occurs when the decision is controlled by some error of law or is based 

on findings of fact that are without evidentiary support. Id. 

LAW/ANALYSIS 

I.	 Section 20-3-130(B)(1) 

Where the family court has previously awarded periodic alimony, the 

periodic alimony terminates "on the remarriage or continued cohabitation of the 

supported spouse" and is "terminable and modifiable based upon changed 

circumstances occurring in the future." S.C. Code Ann. § 20-3-130(B)(1). The 

family court may terminate or modify the award based upon changed 

circumstances when there is a substantial or material change in circumstances, 

such as changes in a party's health or income. S.C. Code Ann. § 20-3-130(B)(1); 

Thornton v. Thornton, 328 S.C. 96, 111, 492 S.E.2d 86, 94 (1997). 
 

According to McKinney, her periodic alimony obligation to Pedery should 

be terminated based upon both Pedery's continued cohabitation with Hamby as 

well as a change in McKinney's circumstances. 

a. Continuous Cohabitation 

i. Ninety or More Consecutive Days 

Pedery argues that McKinney failed to meet her burden of proof with regard 

to her argument that Pedery continuously cohabitated with Hamby for purposes of 

section 20-3-130(B). We agree. 

Under section 20-3-130(B)(1) of the South Carolina Code, periodic alimony 

terminates on the "continued cohabitation of the supported spouse." S.C. Code 

Ann. § 20-3-130(B)(1). The party seeking modification has the burden to show by 

the preponderance of the evidence that a change has occurred. Miles v. Miles, 393 

S.C. 111, 120, 711 S.E.2d 880, 885 (2011); Cartee v. Cartee, 295 S.C. 103, 104, 

366 S.E.2d 269, 269 (Ct. App. 1988) (quoting Boney v. Boney, 289 S.C. 596, 597, 

347 S.E.2d 890, 891 (Ct. App. 1986)); see Feldman v. Feldman, 380 S.C. 538, 670 

S.E.2d 669 (Ct. App. 2008) (finding that testimony produced at trial supported the 

family court's conclusion that the husband failed to carry his burden of proof that 

the wife continuously cohabitated with her boyfriend under section 20-3-130(B)). 

For purposes of section 20-3-130, "continued cohabitation means the 

supported spouse resides with another person in a romantic relationship for a 

period of ninety or more consecutive days." S.C. Code Ann. § 20-3-130(B). We 

further defined "continuous cohabitation" in Strickland v. Strickland, 375 S.C. 76, 

650 S.E.2d 465 (2007), stating that within this context, the term "resides with" 

"sets forth a requirement that the supported spouse live under the same roof as the 

person with whom they are romantically involved for at least ninety consecutive 

days." Id. at 89, 650 S.E.2d at 472 (emphasis added). As we stated, "[a]ny other 

interpretation essentially takes the 'cohabitation' out of 'continued cohabitation.'" 

Id. 

This Court and the court of appeals have applied Strickland's rationale in 

several cases. See Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009); Biggins 

v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct. App. 2011); Fiddie v. Fiddie, 384 

S.C. 120, 681 S.E.2d 42 (Ct. App. 2009); Feldman, 380 S.C. at 538; 670 S.E.2d at 

669; Semken v. Semken, 379 S.C. 71, 664 S.E.2d 493 (Ct. App. 2008). 
These cases demonstrate that since Strickland, this Court and the court of 

appeals have strictly interpreted the language of section 20-3-130(B). For 

example, in Biggins v. Burdette, the wife and her boyfriend spent approximately 

sixty nights together during their relationship; however the wife spent the night 

apart from him on several occasions, including when various family members 

visited and when she traveled out of town to care for her ailing mother. 392 S.C. at 

243, 708 S.E.2d at 238. The court of appeals affirmed the family court's denial of 

the husband's motion to terminate alimony based on continued cohabitation 

because: the wife and her boyfriend testified that they did not spend ninety 

consecutive nights together; the boyfriend maintained his own residence where he 

kept most of his personal items; and the private investigator confirmed that they 

merely spent the night together on a recurring basis,. Id. at 245, 708 S.E.2d at 239; 

see also Fiddie, 384 S.C. at 124, 681 S.E.2d at 44 (upholding the family court's 

refusal to terminate a husband's alimony obligation where the husband contended 

that the wife continuously cohabitated with a male friend, but the wife maintained 

that she spent time with a friend at least twice a month and with her sister once a 

month so that she did not stay full-time with her male friend, and thus, "wear out 

her welcome"). 

 Similarly, in Eason, the husband argued that the family court erred in not 

terminating the wife's alimony based on continuous cohabitation with her 

boyfriend. 384 S.C. at 482, 682 S.E.2d at 808. While the wife and her boyfriend 

admitted that they had lived together at times, they never cohabitated for more than 

two to four weeks at a time—a contention supported by other testimony at trial. Id. 

Therefore, citing the language in Strickland, we affirmed the family court's finding 

that the wife was not barred from receiving alimony based on continuous 

cohabitation with her boyfriend. 384 S.C. at 482, 682 S.E.2d at 808. 

Semken v. Semken involves facts similar to the present case. In Semken, the 

husband sought to terminate his obligation to pay permanent periodic alimony 

because he claimed that the wife had resided with her boyfriend for more than 

ninety consecutive days. 379 S.C. at 73, 664 S.E.2d at 495. In that case, the wife 

lived in one of her boyfriend's residences, paying him $500 per month in rent. Id. 

The boyfriend stored some of his belongings in the house and kept a car in the 

garage. Id. Although the family court found that the boyfriend maintained two 

residences—one of which was where the wife resided—and found that the wife 

and boyfriend had not spent every night together for more than ninety consecutive 

days, the family court terminated the husband's alimony obligation. See id. at 77, 

664 S.E.2d at 497. The family court reasoned that the wife and her boyfriend 
 

resided together because both claimed the same home as a residence at the same 

time. See id. 

The court of appeals reversed, finding that while the wife and her boyfriend 

were romantically involved, they did not engage in continuous cohabitation as 

defined by Strickland. Id. at 77–78, 664 S.E.2d at 497. According to the court of 

appeals, the evidence showed that the boyfriend did not live under the same roof as 

the wife for ninety consecutive days, and therefore, the wife's relationship with her 

boyfriend did not amount to "continuous cohabitation" under Strickland. See id. 

Here, because McKinney sought termination of her alimony obligation to 

Pedery, she bore the burden to show by a preponderance of the evidence that 

Hamby resided with Pedery for at least ninety days. See Miles, 393 S.C. at 120, 

711 S.E.2d at 885; Cartee, 295 S.C. at 104, 366 S.E.2d at 269 (quoting Boney, 289 

S.C. at 597, 347 S.E.2d at 891). We find that McKinney did not satisfy that 

burden; accordingly, the family court should have denied her motion for 

termination of her alimony obligation. 

We do not deny that the facts indicate that Pedery and Hamby's living 

situation is a permanent arrangement of a romantic nature. Rather, we focus on the 

specific requirement under the plain language of section 20-3-130(B). If the 

statute merely required the supported spouse to "reside with" his paramour, then 

termination of McKinney's alimony obligation would be proper. However, the 

statute mandates cohabitation for ninety consecutive days. 

The evidence presented at the hearing indicates that Hamby maintained two 

residences during the time in question. Before she began a relationship with 

Pedery, she lived in Duncan with her son, and apparently maintained a residence 

there even after she began seeing Pedery. For us to conclude that Hamby's only 

actual residence was with Pedery—arguably leading to the conclusion that she 

resided with Pedery for ninety or more days for purposes of section 20-3-130(B)— 

McKinney would have needed to show that Hamby had completely relocated from 

her son's house in Duncan to Pedery's house. McKinney presented no such 

evidence. Instead, according to Pedery's testimony, Hamby maintained enough 

possessions in Duncan such that she took only an overnight bag with her when she 

went from Pedery's house to her son's house in Duncan. 

During the time in question, Hamby lived at her son's house in Duncan 

approximately two days of every week, which means that under a literal 
 

 

interpretation of the statute, Pedery and Hamby could not have lived "under the 

same roof" for ninety consecutive days. See Strickland, 375 S.C. at 89, 650 S.E.2d 

at 472. Like the court of appeals found in Semken, the statute's ninety-day 

requirement—as interpreted in Strickland—controls any claim that residence was 

established in a particular place. 

The court of appeals essentially proclaimed a new definition under the 

statute when it considered whether Pedery and Hamby "shared a home on a 

continuous and uninterrupted basis for substantially longer than ninety days." See 

McKinney, 406 S.C. at 9, 749 S.E.2d at 123. This definition is not consistent with 

Strickland and the plain language of section 20-3-130(B). Additionally, the court 

of appeals did not support its "holding" that Hamby's weekly departure from 

Pedery's house "was more akin to a temporary absence for out-of-town travel than 

it was to routine separation based on separate residences" with any authority, and 

this analysis does not further the inquiry required by the statutory test. See id. at 8, 

749 S.E.2d at 123. Similarly, McKinney's interpretation of the statute would 

remove the word "consecutive" from the statute and would classify Hamby's time 

away from Pedery's house each week as analogous to work-related travel. 

However, neither McKinney's nor the court of appeals' interpretation is faithful to 

the language of the statute. 

If we were to uphold the court of appeals' analysis, our decision would 

render section 20-3-130(B) a nullity.3

 The language of the statute is clear and 

unambiguous. See Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000) 

("Under the plain meaning rule, it is not the court's place to change the meaning of 

a clear and unambiguous statute. Where the statute's language is plain and 

unambiguous, and conveys a clear and definite meaning, the rules of statutory 

interpretation are not needed and the court has no right to impose another 

meaning." (citations omitted)). Therefore, because the ninety-day requirement 

under the plain language of the statute is not satisfied, we reverse the court of 

appeals' decision upholding the family court's termination of McKinney's alimony 

obligation. 

3

 We agree with the concurrence that the plain language of the statute makes it 

almost impossible for a family court to find continued cohabitation for purposes of 

section 20-3-130(B) and therefore terminate a supported spouse's alimony award. 

Regardless, the language of the statute is a choice made by the Legislature and 

creates a result to which we are confined, as the plain meaning of section 20-3-

130(B) cannot accord with the so-called "common sense application" of the statute. 
 

 

ii. Exception to Section 20-3-130(B) 

The family court may also find "that a continued cohabitation exists if there 

is evidence that the supported spouse resides with another person in a romantic 

relationship for periods of less than ninety days and the two periodically separate 

in order to circumvent the ninety-day requirement." S.C. Code Ann. § 20-3-

130(B).4 

The family court found that Hamby's absences from Pedery's house were 

"being used deliberately and intentionally because there was never any removal of 

her property to the other location and she returned on a regular basis . . . ." 

Similarly, the family court stated that "any absence[] from [Pedery's house] is in 

the line of her job and do[es] not constitute a stop in her residence and that the use 

of this at trial is clearly to circumvent the statute." 

In contrast, we find that McKinney presented no evidence that Pedery and 

Hamby periodically stayed apart from each other before the litigation began5

 to 

circumvent the ninety-day requirement of section 20-3-130(B). According to 

Pedery's testimony, Hamby worked as a nanny for her grandchildren and lived with 

her son in Duncan prior to her relationship with Pedery,6

 indicating that Hamby's 

travel to Duncan was unrelated to the ninety-day requirement of section 20-3-

130(B). Therefore, we find that Pedery and Hamby's weekly separation as a result 

of her work in Duncan did not amount to a separation intended to circumvent the 

ninety-day requirement of section 20-3-130(B). 

4

 Because the court of appeals found that McKinney established that Hamby and 

Pedery continuously cohabitated for longer than ninety days, it did not reach this 

issue. See McKinney, 406 S.C. at 9, 749 S.E.2d at 123. 

5

 Pedery acknowledged that after the litigation began, Hamby began staying at his 

house only on weekend nights. 

6

 While the family court found that Pedery's testimony was not wholly credible, the 

family court based that finding on the fact that "he did not bring [Hamby] to the 

hearing to substantiate any of the allegations"—reasoning which we find 

unpersuasive. Nevertheless, there was no testimony to refute Pedery's testimony 

on this point, and Greaves actually observed Hamby caring for children while she 

was in Duncan. 
b. Change in Circumstances - Two Issue Rule 

According to McKinney, the family court found that she suffered a 

substantial change in circumstances because of a decrease in her earnings and a 

decline in her health. Therefore, McKinney contends that because Pedery did not 

appeal the family court's finding on this issue, under the two issue rule, we should 

affirm the family court's termination of her alimony obligation because the change 

in circumstances is an additional sustaining ground for the family court's 

termination of alimony. See Jones v. Lott, 387 S.C. 339, 346, 692 S.E.2d 900, 903 

(2010) ("Under the two issue rule, where a decision is based on more than one 

ground, the appellate court will affirm unless the appellant appeals all grounds 

because the unappealed ground will become the law of the case."). We disagree. 

As the court of appeals recognized, the family court did not find that 

McKinney's changed circumstances supported its decision terminating alimony, 

and therefore, did not rule on this issue. Instead, the family court merely made 

factual findings summarizing the testimony presented at the hearing regarding the 

economic downturn that affected McKinney's change in income and McKinney's 

health problems. 

We find that the testimony in the record concerning McKinney's changed 

income and health issues could support, at least, a reduction in McKinney's 

alimony obligation. Therefore we remand the case for the family court to 

determine whether McKinney's alimony obligation should be reduced or 

terminated on the basis of a change in circumstances in her health and income. 

II. Attorney's Fees

 Finally, Pedery argues that if we reverse the court of appeals' decision, we 

should hold that the family court erred in failing to award Pedery attorney's fees. 

In considering whether to award attorney's fees, a family court should 

consider the following factors: (1) the party's ability to pay his or her own 

attorney's fee; (2) the beneficial results obtained by the attorney; (3) the parties' 

respective financial conditions; and (4) the effect of the attorney's fee on each 

party's standard of living. E.D.M. v. T.A.M., 307 S.C. 471, 476–77, 415 S.E.2d 

812, 816 (1992) (citation omitted). The family court's decision regarding 

attorney's fees and costs is a discretionary matter not to be overturned absent an 
 

abuse of discretion. Donahue v. Donahue, 299 S.C. 353, 365, 384 S.E.2d 741, 748 

(1989) (citations omitted). 

"Our case law and court rules make clear that when a contract or statute 

authorizes an award of attorney's fees, the trial court must make specific findings 

of fact on the record for each of the required factors to be considered." Griffith v. 

Griffith, 332 S.C. 630, 646–47, 506 S.E.2d 526, 534–35 (Ct. App. 1998) (citing 

Rule 26(a), SCRFC; Blumberg v. Nealco, Inc., 310 S.C. 492, 427 S.E.2d 659 

(1993); Atkinson v. Atkinson, 279 S.C. 454, 309 S.E.2d 14 (Ct. App. 1983) (per 

curiam)). If, on appeal, there is inadequate evidentiary support for each of the 

factors supporting the family court's decision, the appellate court should reverse 

and remand so the trial court may make specific findings of fact. Id. (citing 

Blumberg, 310 S.C. at 492, 427 S.E.2d at 659). However, when a family court 

issues an order in violation of Rule 26(a), SCRFC, the appellate court "'may 

remand the matter to the trial court or, where the record is sufficient, make its own 

findings of fact in accordance with the preponderance of the evidence.'" Id. 

(quoting Holcombe v. Hardee, 304 S.C. 522, 524, 405 S.E.2d 821, 822 (1991)). 

Because we reverse and remand the court of appeals' decision on the first 

issue, we also remand the attorney's fees issue for the family court to make specific 

findings of fact upon its decision on McKinney's alimony obligation. See Griffith, 

332 S.C. at 646–47, 506 S.E.2d at 534–35 (citations omitted). 

CONCLUSION 

Based on the foregoing, we reverse the court of appeals' decision and 

remand to the family court. 

REVERSED AND REMANDED. 

PLEICONES and BEATTY, JJ., concur. HEARN, J., concurring in a 

separate opinion in which KITTREDGE, J., concurs. 
JUSTICE HEARN: I concur in the result reached by the majority and in the 

reasoning to support it. I write separately to express my disagreement with one 

statement in the majority opinion. 

I am cognizant of our rules of statutory construction and agree with the majority 

that we are confined to a plain-meaning of the statute. However, I part company 

with the majority in its conclusion that, "If we were to uphold the court of appeals' 

analysis, our decision would render section 20-3-130(B) a nullity." I find this 

criticism unwarranted, as I believe the opposite is true. In my opinion, the family 

court and court of appeals' interpretation attempts to reconcile the language of the 

statute with the realities of our mobile society. Few people live under the same 

roof for ninety consecutive days; indeed, I would venture to say that because of 

their work schedule, none of the members of this Court could be considered to 

have resided with his or her spouse for ninety consecutive days. While I cannot 

say that our construction is absurd so as to allow this Court to ignore the plain 

language, I nevertheless recognize that the practical application of the statute 

distorts the intent of the General Assembly. As the statute is written, it is virtually 

impossible to terminate any award of alimony as a result of the continued 

cohabitation of the supported spouse. Therefore, although I concur with the 

majority's analysis and ultimate conclusion, I disagree that the court of appeals' 

common-sense application of the statute would render it a nullity. 

KITTREDGE, J., concurs.