Ricard v. Dutton
Ricard v. Dutton
Opinion of the Court
Francis Ricard appeals from a Probate and Family Court judgment, dated January 27, 2017, dismissing his complaint for modification, which requested termination of his alimony obligation pursuant to the Alimony Reform Act of 2011, G. L. c. 208, §§ 48 - 55 (reform act), inserted by St. 2011, c. 124, § 3.
Facts. Ricard and Dutton were married on October 12, 1986, and were divorced,
In October, 2015, Ricard filed a complaint seeking the termination of his alimony obligation based on the running of the durational limit established by G. L. c. 208, § 49. Pursuant to § 49(b )(4), for marriages lasting between fifteen and twenty years,
Standard of review. We review a judge's denial of a party's request for modification of alimony for an abuse of discretion. See Vedensky v. Vedensky,
Discussion. The fundamental purpose of alimony has remained constant despite the provisions of the reform act.
"Although a 'judge has broad discretion when awarding alimony under the [alimony reform act],' the judge must consider all relevant, statutorily specified factors, such as those set forth in G. L. c. 208, §§ 49(d ) and 53(a )." Duff-Kareores v. Kareores,
The judge's written findings demonstrate that he considered the statutory factors in § 53(e ) before ordering a deviation from the legislatively mandated durational limits of alimony. The judge essentially found that Dutton's "chronic illness[ ] or unusual health circumstances" warranted the deviation. The judge's thoughtful written findings reflect a sound understanding of the statutory criteria and are rooted in the evidence admitted at trial. Accordingly, we discern no reasonable basis to disturb the judgment.
Judgment dated January 27, 2017, affirmed.
At the time he filed his complaint for modification, Ricard was paying $175 per week for alimony.
The parties acknowledge that application of that presumptive durational limit would bring an end to the alimony award due to the length of their marriage.
The parties had filed a joint petition for divorce on December 11, 2002.
General Laws c. 208, § 48, defines the "[l]ength of the marriage" as "the number of months from the date of legal marriage to the date of service of a complaint or petition for divorce." The reform act provides for the circumstance of increasing the length of the marriage if there is "evidence that the parties' economic marital partnership began during their cohabitation period prior to the marriage."
"General term alimony" is defined as the "periodic payment of support to a recipient spouse who is economically dependent." G. L. c. 208, § 48.
Dutton presently suffers from a degenerative spinal condition that has required multiple medical procedures, the most recent occurring in May, 2016.
The parties agree that Dutton is presently disabled and unable to work.
At trial, Ricard confirmed that he does not pay rent to live in the home of his domestic partner, with whom he has resided since August, 2003. Ricard's partner also contributes substantially to the payment of regular household expenses.
That said, the judge was "empathetic to the plight of both parties" and observed that Ricard's present income was "not so great that the payment of alimony is inconsequential."
Alimony is support paid by one spouse, who is able to do so, to the other spouse in need. Gottsegen v. Gottsegen,
The factors include "(1) advanced age; chronic illness; or unusual health circumstances of either party; (2) tax considerations applicable to the parties; (3) whether the payor spouse is providing health insurance and the cost of health insurance for the recipient spouse; (4) whether the payor spouse has been ordered to secure life insurance for the benefit of the recipient spouse and the cost of such insurance; (5) sources and amounts of unearned income, including capital gains, interest and dividends, annuity and investment income from assets that were not allocated in the parties['] divorce; (6) significant premarital cohabitation that included economic partnership or marital separation of significant duration, each of which the court may consider in determining the length of the marriage; (7) a party's inability to provide for that party's own support by reason of physical or mental abuse by the payor; (8) a party's inability to provide for that party's own support by reason of that party's deficiency of property, maintenance or employment opportunity; and (9) upon written findings, any other factor that the court deems relevant and material." G. L. c. 208, § 53(e )(1)-(9).
We do not address Ricard's remaining contentions as "[w]e find nothing in them that requires discussion." Commonwealth v. Domanski,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.