Fazio

The plaintiff, whose marriage to the defendant previously had been dis- solved, appealed to this court from the judgment of the trial court granting the defendant's motion to modify or to terminate alimony. Pursuant to article 3.2 (a) of the parties' separation agreement, which had been incorporated into the dissolution judgment, the defendant was required to pay the plaintiff unallocated alimony until, among other things, the cohabitation of the plaintiff pursuant to statute (§ 46b-86 (b)), or May 31, 2013, whichever event occurred first. The trial court concluded that the plaintiff was cohabitating with another person as defined by § 46b-86 (b) and determined that article 3.2 (a) of the separa- tion agreement was clear and unambiguous and that cohabitation required the immediate termination of alimony. The plaintiff appealed to this court, which reversed the trial court's judgment and ordered a remand, concluding that article 3.2 (a) was ambiguous and that findings of fact were necessary as to the parties' intent regarding whether that article incorporated the remedial aspects of § 46b-86 (b). Thereafter, on remand, the trial court, following an evidentiary hearing, determined that the parties had intended that the plaintiff's cohabitation would result in the immediate termination of her alimony under article 3.2 (a) of the separation agreement, and, accordingly, it granted the defendant's motion to modify or to terminate alimony and terminated his obligation to pay alimony. Held: 1. The plaintiff could not prevail on her claim that the trial court erred by concluding that it was bound by the finding of cohabitation made by a prior judge in the case; the plaintiff did not challenge that finding in her prior appeal, and, after this court issued its remand order in that appeal, which was limited to the consideration of whether the parties had intended to incorporate the remedial aspects of § 46b-86 (b) into article 3.2 (a) of the separation agreement, the plaintiff