Jamie Jocsak

The wife brought a motion to change seeking retroactive and ongoing high-range spousal support due to her deteriorating health.

The husband, a doctor, sought to terminate spousal support due to his impending retirement.

The court found that both the wife's increased medical expenses and the husband's retirement constituted material changes in circumstances.

The court reduced the husband's spousal support obligation for a two-year transitional period, after which support will terminate when the wife turns 65.

The wife's claim for retroactive support was dismissed due to her delay and the hardship it would cause the husband.

The husband's life insurance obligation was also reduced to reflect the remaining support payable.

The applicant sought to terminate or reduce spousal support obligations, effective December 9, 2021, and a reimbursement of past support, or alternatively, a reduction and termination date.

The respondent argued no material change occurred and sought an increase or maintenance of current support.

The court found a material change in circumstances due to the applicant's retirement and health issues, but determined that spousal support should not terminate due to the respondent's disability and ongoing need.

The court ordered a lump sum payment of $125,000 from the applicant to the respondent for all past and future spousal support, emphasizing finality and financial clarity, and rejecting the respondent's higher lump sum request and the applicant's lower one.

Following a successful appeal by the respondent regarding the normal retirement age used to value the applicant's pension, the matter was remitted to the Superior Court to recalculate the equalization payment.

The court adopted the applicant's expert valuation of the pension at age 60, finding the experts' preliminary values were less than $1,000 apart.

The court strongly criticized the respondent for unnecessarily prolonging the litigation and failing to comply with previous court orders.

The respondent was ordered to pay the outstanding equalization payment and costs, failing which the amounts would be transferred directly from his investment accounts or pension.