Lawyers e-Journal
Thursday, Nov. 12, 2009
News from the Courts
SJC rules that voluntary retirement does not create a rebuttable presumption that alimony should terminate; Concord Probate and Family Court Session temporarily closed
In a recent Supreme Judicial Court
Pierce v. Pierce ruling, the court has found that
voluntary retirement does not create a rebuttable presumption that
alimony should terminate.
"We granted Rudolph's application
for direct appellate review to consider whether a former spouse's
voluntary retirement from employment at or beyond the customary age
of sixty-five should create a rebuttable presumption under the
statutes governing the award of alimony (G.L. c. 208, §§ 34, 37)
that any alimony obligation owed by the retiring spouse should be
terminated. We conclude that the statutes and interpretative case
law governing the determination of the amount of alimony do not
reasonably permit such a presumption. Instead, we hold that
voluntary retirement at a customary age is simply one factor,
albeit an important one, to be considered by the judge in deciding
whether to modify the alimony obligation set forth in a divorce
judgment. We conclude that the judge did not abuse her discretion
in finding that a reduction in the amount of alimony, but not a
termination of alimony, was warranted in view of the totality of
the circumstances, which in this case included not only Rudolph's
age and wish to retire but also Carneice's recent loss of
employment and desire to postpone her application for Social
Security benefits until she became eligible for full retirement
benefits."
Click here to review the decision. Select the
opinions link under Supreme Judicial Court.
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Probate and Family Court announces
temporary closure of the Concord Probate and Family Court
Session
It is with deep regret that the Probate and Family Court announces
the temporary closure of the Concord session of the Probate and
Family Court due to the budget crisis and the shortage of staff to
run the sessions in Concord. The effective date of this change is
January 1, 2010. The suspension is expected to be temporary and the
Probate and Family Court will work to open the session when able to
obtain sufficient staff.
The Probate and Family Court will continue operating the Marlboro
and Lowell sessions. The Cambridge Probate and Family Court will
attempt to accommodate those traveling long distances in the
Cambridge, Marlboro and Lowell sessions. Additionally, the current
policy of uncontested cases being heard by any judge, independent
of the individual calendar system, will continue in Marlboro
provided prior arrangements are made.