Snow v. SnowAnnotate this Case
During the divorce proceedings of Husband and Wife, Wife did not pursue her claim for alimony. Four years after the divorce judgment, Wife sought and obtained an alimony award. Both parties appealed. On appeal, both parties agreed that the judge erred by commencing the durational limit of alimony on the date of the first temporary alimony payment but disagreed on the appropriate commencement date. The Supreme Judicial Court remanded the case with instructions to reevaluate the alimony judgment, holding (1) under the circumstances, the durational limit of general term alimony under Mass. Gen. Laws ch. 208, 49(b) starts to run on the date that the alimony was awarded, not on the date of the divorce judgment or on the date temporary alimony was awarded; (2) the income earned from overtime pay must be considered in making an initial alimony award determination under Mass. Gen. Laws ch. 208, 34, regardless of whether that determination is made before or after the divorce judgment; and (3) where a judge awards alimony under section 34, the judge must specifically address the issue of health insurance coverage for the recipient spouse.