Gomberg v. Gomberg
Annotate this CaseHusband and Wife were divorced in 2011 by a judgment of the district court that incorporated a settlement agreement. Based on that agreement, Husband was ordered to pay Wife spousal support In 2012, the court approved another agreed-upon order incorporating a second settlement agreement by the parties that reduced Husband’s spousal support obligation. In 2013, Husband filed a second motion to modify seeking to reduce or terminate his spousal support obligation. The court granted Husband’s motion in part by adjusting Husband’s spousal support award to accommodate for loss in property value of the marital home but otherwise declining to adjust the award. The Supreme Judicial Court affirmed, holding that the district court did not err by (1) determining that the 2012 order, rather than the original divorce judgment, was the most recent final order; (2) finding no change in the parties financial circumstances except for the loss of the value in the house; and (3) declining to consider Wife’s earning capacity and related factors when it modified the support award.
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