Logourl black
From our private database of 14,100+ case briefs...

Schwarz v. Schwarz

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


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Beach, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Flynn, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.