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Does Greenburg v Greenburg still hold in Massachusetts

Boston, MA |

Wondering with the new divorce rulings if Greenburg v Greenburg still holds...that would be for a long term marriage over 20 years...that husband could just quit or retire and stop alimony payments?

Attorney Answers 1

  1. Greenberg does not say you can just quit, retire and stop paying alimony. It simply recognizes that the payor may have a claim for modification using his/her retirement as a material change in circumstance and warranting a review of the alimony provisions of the judgment. The review remains much broader than simply confirming the payor’s retirement.

    The new law, effective 3/1/12, codifies Greenburg’s (and several other cases’) view that when the payor reaches the age of eligibility for Social Security, the alimony provisions may be reviewed (but not neccessarily altered) under a complaint for modification.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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