In Re Arvenitis

886 A.2d 1025 (2005)

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Nature of the Case

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Facts

H and W were divorced pursuant to a stipulated decree dated March 10, 1992. H and W were both in their early 50’s. H was to pay $500.00 payable weekly. In April 2004, H petitioned to terminate his obligation to pay alimony. H alleged that he would be turning sixty-three years old that August and was planning to retire. The court denied the petition, finding that H failed to prove 'that a substantial change in circumstances had arisen since the initial award, making the current support amount either improper or unfair.' The court held that at the time of the stipulation, retirement was foreseeable. During the negotiation of the final language, the parties reduced the alimony to $500.00 per week (from $575.00 with a review in 3 years) and crossed out all words after support and placed a period there. The court construes this to mean that W gave up an increased amount of alimony as well as her ability to seek an increase in return for alimony for life. H appealed.