Mary Beth Ayvazian successfully argued that Ayvazian Law’s client was entitled to termination of his alimony obligation after paying 19 years of alimony under the new Alimony Reform Act. The case was heard and decided in the Worcester Probate and Family Court under G.L. c. 208, §§ 48 and 49. The Court fully adopted Attorney Ayvazian’s argument in its Order.
Under the Alimony Reform Act, “if the length of marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80 per cent of the number of months of the marriage.” The original divorce action determined the length of marriage to be 18 years. In order to warrant a deviation from this rule, the defendant had to show clear and convincing evidence to support any deviation based on a material, substantial and unforeseeable change of circumstances. The Court ruled that the defendant failed to justify any deviation.
In addition, Attorney Ayvazian was successful in the same case in convincing the court that there was no showing of any material change of circumstances justifying an extension or increase of the alimony obligation.