The Appeals Court addressed this issue in the recent case, Clement v. Owens-Clement. In that case, the Husband and the Wife were married for a total of six years before they divorced in 2013. The parties' separation agreement, which was incorporated into their divorce judgment, included a merged alimony provision in which the parties waived past and present alimony, but presumptively left open the option to seek alimony in the future.
On January 20, 2015, the Supreme Judicial Court issued decisions in three cases involving an important provision of the Massachusetts Alimony Reform Act ("the Act"). In each of these cases, which are described more fully below, the alimony payor wanted to terminate their alimony obligation based upon the Act's language that alimony "shall terminate upon the payor attaining the full retirement age." See G.L. c. 208, § 49(f).