Marriage of Zimmerman
When they separated in 1964, Murray Zimmerman agreed to pay the extraordinary medical expenses of his former wife Jeanne for the rest of her unmarried life. For 40 years, Murray and Jeanne operated under that agreement without incident. In 2004, however, a dispute arose between them concerning Murrays payment of Jeannes medical expenses. Jeanne required expensive back surgery for which she could not afford to pay. She asked the trial court to interpret the parties property settlement agreement, and determine the meaning of extraordinary medical expenses under the agreement. The trial court concluded that extraordinary medical expenses were any expenses not covered by Medicare, inclusive of prescription medications, and exclusive of cosmetic or elective surgeries. On appeal, Murray insists the court did not merely interpret the agreement, but rather rewrote it. Court affirm.
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