Doktor v Doktor, SJC-11727 (Jan. 30, 2015)

March 4, 2015 by  
Filed under New Cases

Ex-husband reached retirement age after 1992 divorce with merged alimony provision in separation agreement.   He sought to eliminate alimony under G.L.G. ch. 208, section 49(f). Court held that presumptive termination of alimony at full retirement age in the Alimony Reform Act is was meant to be prospective and does not apply to cases that were concluded before the law went into effect. In this case, the ex-husband did not establish that there had been a material change in circumstances that would warrant modification of the alimony provision, which is the pre-Alimony Reform Act method of modifying alimony in a merged agreement.   Changes due to difference in “durational limits” within the meaning of M.G.L. ch. 208, section 4(b) does not include an event such as remarriage, cohabitation, or reaching the age of retirement.

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