Schott v. Schott

Citations

• 205 Conn. App. 237

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the decision of the trial court denying his motion to modify his alimony obligation. Pursuant to a separation agreement entered into by the parties and incorporated in the court's judgment of dissolution, the defendant was obligated to pay alimony to the plaintiff until, inter alia, the plaintiff's cohabitation with another individual. On appeal, the defendant claimed that, pursuant to the plain language of the separation agreement, the court was obligated to termi- nate his alimony obligation in light of evidence of the plaintiff's cohabita- tion. Held that the trial court improperly denied the defendant's motion to modify his alimony obligation: the separation agreement plainly and unambiguously provided, in mandatory language, that the defendant's alimony obligation shall be terminated upon cohabitation by the plaintiff, and the court found that, following the dissolution of the parties' mar- riage, the plaintiff cohabitated with another individual, which was sub- stantiated by evidence adduced at a hearing on the motion; moreover, although the court expressly found that the plaintiff experienced a change in circumstances, it nonetheless failed to apply the relevant provision of the statute (§ 46b-86 (b)) regarding cohabitation, and, instead, sua sponte invoked § 46b-86 (a), which permits modification of an alimony order upon a showing of a substantial change in circum- stances, which was error, as the defendant's postjudgment motion for modification was premised on cohabitation pursuant to § 46b-86 (b). Argued April 20—officially released June 15, 2021