Marston v. Marston
Annotate this CaseRichard and Armande's 1999 divorce judgment ordered Richard to pay Armande $2,500 per month until Armande’s death or remarriage, “subject to review upon a significant change in the circumstances of either party, including a substantial change in [Richard’s] income, currently $108,000.” Eight years later, Richard moved to modify his support obligation on the ground that his impending retirement would result in a reduction in his income. Pursuant to the parties’ stipulation, the court amended the divorce judgment in 2008 by substituting a new provision: “[Richard] shall pay [Armande] spousal support in the amount of $2,500 per month, until the death or remarriage of [Armande], or until such time that [Armande] permanently establishes residence in a nursing home or other assisted care living facility. Spousal support shall then terminate.” Richard’s financial statement dated April 2008, reported total income of $66,360 annually, from “Pensions/Annuities,” following his retirement. In 2014, none of the terminating contingencies having occurred, Richard again moved to modify his support obligation. The court concluded that the 2008 modification left intact a provision that support was subject to review upon a significant change in the circumstances of either party and “that the [$]108,000 was the benchmark.” Citing 19-A M.R.S. 951-A(4), the court reduced Richard’s spousal support obligation to $1,250 per month. The Maine Supreme Judicial Court vacated and remanded for further findings using Richard’s 2008 income as the benchmark.
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