Saponaro Barach Bingham LLP is pleased to announce a major victory in a recent alimony
modification case. A couple who had been married for over 12 years, from 1989 to early
2002, had an alimony agreement settled at the end of their initial divorce
case. Client’s ex-husband was ordered to pay $1, 800 a month in
alimony, until either spouse’s death or July 30, 2026, whichever preceded.
Client’s ex-husband sought to modify the various settlement terms—alimony payments in particular—due to changed circumstances. His argument was strengthened
using the Alimony Reform Act to support his petition.
The Alimony Reform Act
In the Massachusetts Commonwealth, the Alimony Reform Act was initiated
to provide the courts, couples who are divorcing, a more measurable way
to determine the amount and duration that should be paid in alimony. There
is one portion of the law which dictates that marriages that have lasted
longer than 10 years, but less than 15, cannot request that an ex-spouse
pay more than 75% in alimony over the number of months that the couple
was married, which applies directly in this case.
The Modification Requests
Wellesley family law attorney,
Matthew Barach, acted as legal counselor for the wife in this matter. The judge’s
denied her ex-spouse’s requests to modification to alimony payments
and other terms, which included the following:
- To cease paying for his ex-spouse’s health insurance
- To have the ex-spouse remove his name from the mortgage and refinance the home
- To terminate alimony payments
Client contended that because his personal circumstances had changed, request
the modification was appropriate but also necessary. The previous terms
had prevented him from being able to grow his business, the cost of health
insurance had doubled since the culmination of the divorce, and the time
limits according to the Alimony Reform Act.
The Judge’s Ruling
The judged stated that modifications based on durational limits should
have been filed prior to March 1, 2015, in cases where marriages lasted
as long as client’s marriage had. Ultimately, the judge denied client’s
ex-husband’s petition for modification due to the fact that his
complaint had been submitted prematurely.
This case is a significant win for Saponaro Barach Bingham LLP and our client.
We are zealous family lawyers in Wellesley who fight relentlessly for
our clients’ best interests. If you would like to learn more about
this case or you have a divorce or family law matter to discuss, please
do not hesitate to give us a call.
free case consultations. Call today at (888) 209-7080 to schedule yours!