Mark A. Amero v. Maria C. Amero

Summary

The Maine Supreme Judicial Court affirmed the termination of Maria C. Amero’s spousal support based on the trial court’s finding that she was cohabiting with an adult partner under the terms of the parties’ divorce judgment. The court held that competent evidence supported the cohabitation finding and that the trial court did not abuse its discretion in terminating support.

Holdings

1. The District Court's finding that Maria was cohabiting with an adult partner was not clearly erroneous because competent evidence and reasonable inferences supported a marriage-like relationship.
2. The finding of cohabitation provided a sufficient basis to terminate the spousal support award under the plain language of the parties' divorce judgment, and the District Court did not abuse its discretion.
3. Any error concerning the date cohabitation began was harmless and did not warrant vacatur because any cohabitation after entry of the divorce judgment was sufficient to trigger termination, subject to the judgment's three-year minimum.

Questions Presented

1. Whether competent evidence supported the District Court's finding that Maria was cohabiting with an adult partner.
2. Whether the District Court abused its discretion by terminating spousal support under the cohabitation provision in the parties' divorce judgment.
3. Whether any error concerning the date cohabitation began required vacatur of the termination order.

Disposition

affirmed