Lifestyle choices amongst couples can be SO different; sometimes the decisions made are directly related to income, but other times it is a conscious choice of how the couple wishes to handle their finances.
Massachusetts Probate and Family Courts made a ruling which provides clarification as to how alimony may be calculated based upon lifestyle Openshaw v. Openshaw, 493 Mass. 599 (2024). In Openshaw, the court determined that a spouse receiving alimony may be entitled to an order which includes a savings component IF the couple previously focused on building a retirement portfolio rather than spending. This ruling expands the definition of “need” in determining an appropriate amount of alimony. Factors include:
1. Consistent contributions to savings or retirement during the marriage and the reasonable expectation that it would continue in the future; and
2. The ability of the payor to continue to fund the savings or retirement post- divorce.
The ruling has generally been well received, as it is intended to equalize post divorce standards of living. As always, we’re curious whether you think of this decision.
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