Chronic Health Conditions Found Sufficient for Alimony Modification
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Health Care Lawsuit & Dispute Dispute Resolution
Summary: Blog post about a case where a woman's chronic health issues that arose after her initial award of alimony were considered a substantial change in circumstances which was sufficient to increase the amount of her award.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
A court will grant modification of alimony in the event of a party’s deteriorating health where such illness has a collateral impact on other factors a court considers when determining alimony.
The parties’ 24-year marriage was dissolved on January 2, 1974. The defendant was an unemployed housewife and mother of two children. She was awarded $55 per week in period alimony in addition to medical insurance coverage provided by the plaintiff. The support would terminate upon the earliest occurrence of the wife’s death, her remarriage or the lapse of six years. Two months before the alimony was to expire, the defendant wife sought modification of the alimony judgment. She alleged several chronic medical problems had created a substantial change in circumstances. As a result, the court found that the wife’s expenses substantially exceeded her income, including the alimony contributions.
The Appellate court affirmed the order modifying alimony. Since the original alimony was ordered, the defendant wife had developed several chronic medical problems, including stomach, colon and anxiety disorders that required intermittent hospitalization. The court found that, although these problems had not prevented the defendant from maintaining full-time employment, her health was nevertheless a material factor in awarding alimony.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: McGuinness v. McGuiness, 440 A.2d 804 ; 1981 Conn. LEXIS 586 (Conn. App. Ct. 1981)
