Alimony: June 2015 Archives

Court Deviates From Durational Limit With Extension Of Alimony Paid To A Disabled Spouse

Since the enactment of the Alimony Reform Act of 2011 (the "Act"), alimony awards once considered ambiguous or lifetime entitlements are now subject to specific, durational time limits based upon the length of the parties' marriage. But, under what circumstances might such durational limits be extended? In a recent decision, a Probate and Family Court (Hampshire Division) judge has ruled that a former husband's obligation to pay alimony to his disabled former wife shall continue beyond durational limits. Barcalow v. Barcalow (Lawyers Weekly No. 15-003-12.) In the Barcalow case, the parties were married for approximately 6 years, 2 months (or 74 months). By the terms of the Act, if the duration of the marriage is 10 years or less, but more than 5 years, general term alimony shall be no greater than 60 percent of the number of months of the marriage. G.L. c. 208, § 49(b). Following passage of the Act and more than 7-years post divorce, Mr. Barcalow filed a Complaint for Modification, seeking to terminate his alimony obligation to his former wife based, in part, upon the fact that his obligation exceeded the Act's durational limit.

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