McAllister v. McAllister
2011 ME 69
| Me. | 2011Background
- Christiane and Russell McAllister married in 1990, separated in 2003, and divorced in 2005 with shared parental rights and child support established.
- Divorce judgment divided marital property, giving Christiane exclusive use of the marital home held as tenancy in common, with a plan to maintain home occupancy and spousal support through 2009.
- The judgment allocated $63,000 of equity to Christiane in lieu of alimony and outlined a schedule for reimbursements to Russell and equal division of remaining proceeds.
- Christiane moved in 2009 to modify the divorce judgment, arguing she could not meet living expenses after spousal support ended and seeking continued support or a lump-sum option.
- The district court granted modification under Rule 60(b)(6), increasing Russell’s monthly support by $1,750 for 36 months and continuing house-sale efforts, with credit for prior payments.
- The court found the house value decline was due to market forces and not Christiane’s actions, constituting a substantial change in circumstances warranting modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $63,000 allocation was property or spousal support. | McAllister argues it was a property division. | McAllister argues it was spousal support. | Allocation is spousal support and modifiable. |
| Whether there was a substantial change in circumstances justifying modification of spousal support. | Christiane contends diminished equity creates need and payor’s ability to pay changed. | Russell contends change was unanticipated or not sufficient. | Yes, substantial change in circumstances warranted modification. |
| Whether relief under Rule 60(b)(6) was appropriate or harmless error. | Christiane sought relief based on substantial change; did not cite Rule 60(b). | Russell argues improper basis for relief. | Harmless error; relief available under the substantial-change theory. |
Key Cases Cited
- Wardwell v. Wardwell, 458 A.2d 750 (Me. 1983) (modification of property division—limitations on altering judgments that divide marital property)
- Largay v. Largay, 2000 ME 108 (Me. 2000) (divorce-spousal support considerations and expectations regarding equity distribution)
- Ellis v. Ellis, 2008 ME 191 (Me. 2008) (substantial debt/change in financial position supports modification)
- Pettinelli v. Yost, 2007 ME 121 (Me. 2007) (standards for reviewing spousal-support modifications—the abuse of discretion standard)
- Ezell v. Lawless, 2008 ME 139 (Me. 2008) (Rule 60(b) relief standards in Maine context)