Barach Law Group LLC 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
Our Framingham 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 Barach Law Group LLC and our client. We are zealous family lawyers in Framingham 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.