The parties met in Germany, Wife's native country, when Husband was stationed there in the military. At that time, Wife was 50 years of age and, although she had obtained a GED from Crowder College, she had not been employed outside the home other than doing some menial work in Husband's optometry office. Wife filed a counter-motion to modify in which she requested increased maintenance , alleging an inability to maintain her prior standard of living and Husband's financial ability to pay additional amounts. In reviewing an order entered pursuant to a motion to modify, we are limited to determining whether it is supported by substantial evidence, whether it is against the weight of the evidence, or whether it erroneously declares or applies the law. Deference is given to the trial court's opportunity to Judge the credibility of witnesses.
Considerable discretion is vested in the trial court concerning the amount of maintenance payments.
In Missouri, 452.370, RSMo Supp. The provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. . . . Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance . Likewise, Missouri courts have held that cohabitation is not the equivalent of marriage. Rubisoff does hold that in Mississippi conduct of a spouse after a divorce can, under some circumstances, amount to a forfeiture of the right to continued alimony.