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Schwarz v. Schwarz

Appellate Court of Connecticut
5 A.3d 548 (Conn. App. Ct. 2010)


Alan Schwarz (defendant) and Majella Schwarz (plaintiff) entered into a separation agreement under which Alan would pay Majella $2,000 per week in alimony. The agreement stated that it was subject to Connecticut alimony law. At the time, Alan’s annual income was $373,620. Majella had leukemia, which required significant health insurance coverage. As part of the parties’ settlement agreement, Alan paid Majella’s health insurance for three years. After the divorce, Majella moved in with her new boyfriend, Arthur Kane. After Alan’s payment of her health insurance ended, Majella got a job working part-time for Kane. Rather than paying Majella a wage, Kane paid for her health insurance. However, due to circumstances beyond Kane’s control, he lost the ability to pay for Majella’s health insurance. Kane began paying Majella a wage instead, but the wage did not cover her health insurance costs, which had increased. Alan filed a petition to modify his alimony payment based on Majella living with Kane. At the time of filing, Alan’s annual income was $450,000. Majella filed a cross motion to increase alimony payments based on her increased need with respect to health insurance and Alan’s increased income. The trial court, taking into account both parties’ changed circumstances, increased Alan’s alimony payment to $2,175 per month. Alan appealed.

Rule of Law


Holding and Reasoning (Beach, J.)

Dissent (Flynn, J.)

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