Jane Doe v. John Smith

Bernadette Stark

Case Conclusion Date:January 1, 2004

Practice Area:Alimony

Outcome:Alimony Award After Divorced For 10 Years.

Description:Although the parties were divorced for over 10 years, the effects of the domestic violence experienced by the client and her children lingered and contributed to her various medical conditions. Because of her physical and mental health, the client was unable to work and her only source of income was child support paid by her ex-husband. When her children were emancipated under MA law, she was left without any means of supporting herself and was at risk of losing her home. On behalf of the client, Attorney Stark filed a Complaint for Alimony seeking indefinite alimony payments from her ex-husband. It was a difficult case because the parties had been divorced for over ten years already and because the parties' separation agreement included a waiver of all alimony, including future alimony. However, under MA law, it is still possible, although very difficult, to obtain an alimony order, even where there is a waiver of such future alimony. Through her advocacy, Attorney Stark was able to assist the client in obtaining an order for alimony, as well as an order that the client's ex-husband make the mortgage payments on the client's home.