Skip to main content

Appellate Questions on Alimony Termination – You Decide!

By Anonymous

UPDATE: The SJC decided all three of these cases on 1/30/2015.  Our post regarding the decisions can be read here: Lifetime Alimony is Back (for some)! - Chin v. Merriot

Original Post:

There are three appeals pending before the Massachusetts SJC which will significantly impact how the Alimony Reform Act of 2011 is interpreted by the courts.  All three cases have to do with whether the parts of the Act can apply when modifying Judgments or Agreements entered prior to the Act’s effective date (March 1, 2012).  Each case deals with a slightly different component of this issue:

Doktor v. Doktor (SJC-11727) presents the question of whether the Act's provision regarding termination of general term alimony upon full retirement age (see M.G. L. c. 208, § 49f) applies to a divorce judgment that predates the Act, where the payor reaches retirement age after the effective date of the Act.  In addition, the case should address whether, and how, the parties' respective assets should be considered in determining the continuing need for, and ability to pay, alimony after retirement.  If the Act's termination on retirement clause applies to this Judgment, then the lower court erred in dismissing the husband's Complaint for Modification of alimony due to his retirement.  Oral Arguments, which occurred on October 6, 2014, can be seen here.

Rodman v. Rodman (SJC-11726) presents the question of whether the provision of the Act regarding termination of general term alimony upon full retirement age (see M.G. L. c. 208, § 49f) applies to a divorce judgment that predates the Act, where the payor reaches retirement age after the effective date of the Act.  If the Act's termination on retirement clause applies to this Judgment, then the lower court shall consider the husband's Complaint for Modification of alimony due to his retirement.  Oral Arguments, which occurred on October 6, 2014, can be seen here.

Chin v. Merriot (SJC-11715) presents the question of whether  the provision of the Act regarding suspension, reduction, and termination of general term alimony based on a recipient spouse's cohabitation with another (see M.G. L. c. 208, § 49d) applies to a divorce judgment that predates the act, where the cohabitation began before the effective date of the Act and continues after the Act became effective.  In addition, the case also asks whether the provision of the act concerning the termination of general term alimony upon full retirement age applies to a divorce judgment that predates the Act, where the payor reaches retirement age after the effective date of the Act. If the Act's termination on retirement clause or cohabitation clause applies to this Judgment, then the lower court erred in dismissing the husband's Complaint for Modification of alimony. Oral Arguments, which occurred on October 6, 2014, can be seen here.

The intent of the Act, according to Steve Hitner of Mass Alimony Reform was to apply retroactively as the plaintiff's in these actions are trying to do.  He was on the Task Force so he should know.  However, others have argued that the strict language of the statute requires exactly the opposite.

I think that the statutory construction question is whether the term "durational limits" includes only the duration limits in section 49(b) or also includes the termination language in section 49(f) and 49(d).  While both sides (as is typical in litigation) argue that there view is obviously correct, the reality is that there was an unfortunate ambiguity left in the way the statute was drafted.  If it referred directly to the sections by letter, there would be no ambiguity. 

Labels:

Comments

Post a Comment

Popular posts from this blog

What is the purpose of the Divorce Nisi waiting period?

By
In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...
76 comments
Read more

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

By
While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...
1 comment
Read more

Updating your Divorce Agreement Template - More Lessons from Cavanagh v. Cavanagh

By
We recently posted a lengthy review of the the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002)  which included some recommendations for drafting divorce agreements, also typically called Separation Agreements.  The Cavanagh case is best known for it's clarification of how the courts should evaluate support calculations when a case may have both alimony and child support.  However, the case also contained numerous rulings that should make practitioners review their Separation Agreement templates and change some of the ways in which they may have previously drafted certain sections. In this post we'll share actual language from the Gray Jay Endeavors, LLC form Separation Agreement template which addresses each of the issues raised by the Cavanagh decision.  If you are a professional interested in purchasing the full Separation Agreement template, check out Gray Jay's  forms subscription which includes editable Massachusetts court forms and financial st...
Post a Comment
Read more