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Lothrop v. Lothrop

Supreme Judicial Court of Maine

January 28, 2016

JULIE LOTHROP
v.
DOUG LOTHROP

         Argued December 9, 2015.

          On the briefs: Christopher S. Berryment, Esq., Mexico, for appellant Doug Lothrop.

         William B. Gillespie, Esq., Topsham, and Sheilah R. McLaughlin, Esq., Brunswick, for appellee Julie Lothrop.

         At oral argument: Christopher S. Berryment, Esq., for appellant Doug Lothrop.

         William B. Gillespie, Esq., for appellee Julie Lothrop.

         Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

          OPINION

          JABAR, J.

          [¶1] Doug Lothrop appeals from a judgment of the District Court (West Bath, Dobson, J. ) denying his motion to modify the spousal support award in the parties' divorce judgment. Contrary to Doug's contention, we discern no error in the District Court's determination that the award remains nonmodifiable because 19-A M.R.S. § 951-A(12) (2015) does not apply retroactively. We affirm the judgment.

         I. BACKGROUND

          [¶2] This case turns on whether a 2013 amendment to the spousal support statute applies to a spousal support provision in a

Page 861

divorce judgment entered in 2008.[1] The statutory sections, as amended, read as follows:

An award of spousal support issued before October 1, 2013 is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification. An award of spousal support issued on or ...

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