Diane Kikue-Yasutake Winne v. Scott Anderson Winne

Syllabus

Husband petitioned the court to modify his alimony obligation after Wife moved in with her boyfriend. Wife maintained that her new living arrangement did not affect her need for alimony because she and her partner shared expenses equally and her living expenses after the move were unchanged. The trial court disagreed and suspended a portion of Husband's alimony obligation. Both sides raise issues with the trial court's decision. Contrary to Wife's assertion, we conclude that the alimony provision in the parties' marital dissolution agreement did not preclude modification of the alimony award as authorized by statute. We further conclude that the trial court did not err in basing its modification decision on the evidence of Wife's financial circumstances at the time of trial. We affirm the alimony modification, but we modify the judgment so that the modification applies retroactively to the date of Husband's petition.