McLeod v. Macul
Annotate this CaseAfter 26 years of marriage, including six years legally separated, McLeod, who resides in Shanghai, and Macul, who resides in Malaysia, divorced in 2012. In consideration of an unequal division of property, Macul was awarded $5,000 per month in support for 120 months, not to be extended. At the time, McLeod’s income was $376,728, and Macul had only investment income of $7,698. In 2014, McLeod moved to modify the award, alleging a substantial change in circumstances because his employment was going to be terminated in June 2014. The court granted McLeod’s motion, concluding that his one-time severance package was not “income from an ongoing source,” 19-A M.R.S. 2001(5)(A). McLeod acquired new employment three months after his termination, but at a 40 percent reduction in pay with no benefits. Macul had “significant job skills, but has made no effort to become gainfully employed.” Because Macul had been employed in hospital administration and had training as an English language teacher, the court found, “[s]he could earn $30,000 to $50,000 if she tried.” The court ordered complete termination of spousal support, retroactive to July 2014. The Maine Supreme Judicial Court vacated. The lower court erred in its “substantial change” analysis by failing to consider McLeod’s severance payment and should not have reconsidered evidence of factors that existed at the time of the divorce. Its “modification” determination should have considered other factors.
Court Description: Corrected June 2, 2016 (Errata sheet)
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