Pierce v. Pierce
Nov 09, 2009OUTCOME: SJC upheld award of alimony to former wife after husband's retirement at age 65
Ex Husband attempted to eliminate his alimony obligation at retirement and to establish a presumption that alimony terminates upon retirement at customary age. The Massachusetts Supreme Judicial Court ... upheld the Trial Court's award of continuing alimony beyond the ex husband's voluntary retirement at age 65 establishing a "fair balance of sacrifice test" when modifying alimony. The SJC also refused to adopt a presumption that alimony terminates upon retirement, instead stating that it is one of the important factors to be considered when determing whether alimony should be reduced or eliminated. This case has prompted a task force of the Boston and Massachusetts Bar Associations as well as proposed legislation that would dramatically change the alimony laws in Massachusetts. Go to www.atwoodcherny.com for more details on this case
