Schwarz v. Schwarz

Alan (defendant) and Majella (plaintiff) Schwarz's separation agreement set Alan's alimony at $2,000 per week, expressly subject to Connecticut alimony law, while Alan earned $373,620 annually and separately paid Majella's health insurance for three years given her leukemia. After that insurance payment ended, Majella moved in with her boyfriend Kane and began working part-time for him, initially receiving health insurance instead of wages, but when Kane lost the ability to cover her insurance, he began paying her a wage that fell short of her now-higher insurance costs. Alan petitioned to reduce alimony based on Majella's cohabitation with Kane, by which time his own income had risen to $450,000; Majella cross-moved to increase alimony based on both her increased insurance needs and Alan's higher income. The trial court found both parties had experienced substantial changed circumstances and, on balance, increased Alan's alimony by $175 per month, and Alan appealed.