In a case argued by Maureen McBrien, the Appeals Court upheld a lower court judgment in her client’s favor and ruled that marital lifestyle is not a factor that should be considered when assessing whether deviation beyond an alimony durational limit is warranted in the interests of justice. Instead, the Court should consider the factors set forth in G.L. c. 208, § 53(e) and analyze the situation in the “here and now” rather than in the context of the marital lifestyle as it existed at the time of the divorce. The Court found that “although the recipient’s inability to provide for her own support is a factor to be considered in deviating from the durational limits . . ., the inability to be self-supporting is not the same as the recipient’s inability to maintain the marital lifestyle.”
See full decision here.