Should temporary alimony paid to a spouse “in need” during the divorce process count towards the total number of months in which a payor must pay support? What does the term “in need” mean? These are some of the issues which are addressed in D.B. v. J.B., a Massachusetts Appeals Court case, decided in April 2020. In D.B ., the husband worked at an investment firm that managed private equity accounts. The wife was a stay-at-home mother, who raised the children, managed the house staff, and planned events for the husband’s career. While the case was pending in its pre-trial phase, the parties entered into a stipulation where the husband would pay the wife temporary support in the amount of $30,000 per month and agreed in writing that all temporary alimony paid would be credited against the durational limit the Court adjudged.
The Court determined that, as this was a 15-year marriage, alimony would be paid by the husband to the wife for 123 months, to terminate September 1, 2027. However, the Court did not take into consideration the 37 months of support paid while the divorce was pending. Husband appealed, arguing that the judge erred when not crediting him the months paid, and the determination of the wife’s need for the amount of alimony.
The Appeals Court first looked at the husband’s argument concerning the wife’s need for alimony, where he argued that although he had the ability to pay the amount, it was far in excess of what the wife needed to support herself. The Court looked at the policy behind alimony, and the need for support. In higher income cases, the family’s standard of living affects the children’s needs, and that children are entitled to participate in the noncustodial parent’s higher standard of living where applicable. Brooks v. Piela , 61 Mass. App. Ct. 731, 737 (2004). The judge in D.B. looked at the upper-middle class to upper-class lifestyle that the family enjoyed while together, the fact that the wife was out of the workforce for almost two decades, and her noneconomic contributions to the household in determining the amount of alimony.
The Trial Court reasoned that the parties agreed that any temporary support would be credited against the total number of months decided by the judge. The Appeals Court ruled it was error for the trial court judge not to consider the 37 months already paid when determining the total number of months alimony to be paid under the terms of their Agreement. As such, the issue was remanded to the trial court. The case addressed a number of other interesting issues, which were all affirmed.