Hickland v. Hickland, 56 N.Y.2d 1024 (1982)

An alimony award included in a pre-1980 divorce judgment may only be modified upon a clear and convincing showing of a substantial change in circumstances, based on the parties’ personal and financial situation at the time of divorce and at the time of the modification request; general changes in law or social climate are insufficient.

Summary

In a proceeding to increase alimony payments from a 1966 divorce judgment, the New York Court of Appeals addressed whether the Family Court could terminate alimony payments absent a formal request and determined that changes in law and the ex-wife’s employment status were insufficient grounds to terminate the alimony obligation. The Court held that modification requires a clear and convincing showing of a substantial change in the parties’ circumstances since the original divorce, which was not demonstrated in this case. The court emphasized the need for a particularized showing of facts concerning the personal and financial circumstances of the parties.

Facts

The parties divorced in 1966, and the judgment included an alimony award for the ex-wife. The ex-wife initiated proceedings under Article 4 of the Family Court Act seeking an increase in alimony. The Family Court, however, terminated the alimony obligation, citing changes in the law and the ex-wife’s employment. The Hearing Examiner found “there is no proof of the change in circumstances.”. The ex-wife appealed.

Procedural History

The Family Court terminated the alimony obligation. The Appellate Division affirmed this decision. The ex-wife appealed to the New York Court of Appeals.

Issue(s)

Whether the Family Court erred in terminating the ex-wife’s alimony award based on changes in the law and her employment status, without a clear and convincing showing of a substantial change in the parties’ circumstances since the original divorce judgment.

Holding

No, because under the case law applicable to the 1966 divorce judgment, an alimony award may be modified only upon a clear and convincing showing of a substantial change in circumstances, which was not proven in this case.

Court’s Reasoning

The Court of Appeals held that the lower courts applied the wrong standard in terminating the alimony award. The Family Court based its decision on changes in the law since 1966 and provisions of the current Domestic Relations Law, as well as the short duration of the marriage, the ex-wife’s age at the time of divorce, and her then-current employment. The Appellate Division also noted the ex-wife’s full-time employment.

The Court of Appeals stated that under the applicable case law, modification of alimony required a “clear and convincing showing of a substantial change in circumstances.” This requires “a particularized showing of facts concerning the personal and financial circumstances of the parties both at the time of the original divorce settlement and at the present time.”

The Court found that “changes in the prevailing social and legal climate” do not satisfy this standard. Similarly, the requirement of a substantial change in circumstances cannot be satisfied solely by reference to personal factors that already existed or were reasonably foreseeable at the time of the divorce judgment. Since the Hearing Examiner found “there is no proof of the change in circumstances,” the Court of Appeals concluded that vacating the alimony award was erroneous.