In this post-judgment of divorce matter, Bernice Bickram, a tenured professor at a State University, sought renegotiation of a 20-year divorce obligation she voluntarily entered with her former husband, Louis. Bernice earned most of the family income pre-divorce.

Louis, an intelligent gentleman, could never seem to hold a steady job. At the time the parties divorced, they handled issues of child custody and parenting time, child support, contribution to their son’s upcoming college expenses, division and distribution of jointly acquired marital assets and debts, alimony from Bernice to Louis, and counsel fees.

The Settlement Agreement was bitterly fought, even though the parties went to mediation. Louis signed the Agreement, but immediately resisted enforcement, causing Bernice to go to court 8 times in 1 year for enforcement. Bernice was not happy. Years later, Bernice remarried, and Bill brought his daughter from his previous marriage to live with Bernice and him. The child’s name was Abigail. Abigail had significant developmental disabilities, which required therapeutic intervention, possibly for many years. In addition, Bernice’s new husband, Bill, could not seem to hold a steady job, and became a stay at home dad to Abigail. In the past 2 years, Bernice, who is already of retirement age, realized she could not retire, given Abigail’s problems and expenses. If Bernice retired at age 67 or so, her alimony obligation would be reduced to zero, by agreement of the parties or an order of the court. On the other hand, by continuing her higher education work, Bernice had to continue to pay alimony to Louis, without regard to her retirement rights. It turns out she had more obligations than she did rights. Bernice’s goal was to eliminate her alimony payments to Louis, so she could properly support Bill and Abigail.

We advised Bernice to write a simple request letter to Louis, explaining her dilemma and asking him if he would consider an alimony modification, reducing alimony to zero, effective immediately. Bernice did that. Louis wrote back to say how sorry he was to hear about Bernice’s family’s hardship. He was willing to take a lump sum of 1 year’s alimony, after which Bernice would halt her alimony obligation permanently. We wrote that agreement for both parties to review with their respective legal counsel, if any, for both to sign, and then this case was over.