Schwarz v. Schwarz

124 Conn.App. 472 (2010)

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Nature of the Case

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Facts

H and W's twenty-nine-year marriage was dissolved, and their separation agreement provided that H shall pay alimony to W in the amount of $2000 per week until the death of either party or W's remarriage. It also specifically stated that 'alimony shall be subject to section 46b-86(b) of the Connecticut General Statutes.' H filed a post-judgment motion to modify alimony because of a substantial change in the financial circumstances of the W in that she was residing with another individual. W's motion requested an increase in alimony because of a substantial change in the financial circumstances of both parties. W claimed that H's financial circumstances substantially had improved as a result of an increase in his income and his remarriage and that her financial circumstances had deteriorated as a result of a substantial increase in the cost of premiums for her health insurance coverage, which she was unable to pay. The court filed its memorandum of decision granting both parties' motions for modification of alimony and ordering H to pay alimony in the amount of $2175 per week. At the time of the dissolution, H had a gross income of $373,620 per year and a net income, excluding his deduction for retirement, of $265,980 per year. At the time of the hearing on the motions for modification, H had a gross income of $450,000 per year and a net income, excluding his deduction for retirement, of $301,756 per year. Since the time of the dissolution of the marriage, H had remarried, and his new wife had a gross income of approximately $150,000 per year. The court found that the increase in H's financial circumstances as well as the decrease in his expenses, as he was sharing living expenses with his new wife, constituted a substantial change in circumstances. W claimed that there was a substantial change in circumstances due to a substantial increase in the cost of her health insurance coverage. W anticipated paying approximately $15,000 per year for her health insurance. H claims that the court erred when it found that the increase in his income constituted a substantial change in circumstances warranting a modification of his alimony obligation.