Doktor v. Doktor , 470 Mass. 547 ( 2015 )

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SJC-11727
JOSEPH W. DOKTOR vs. DOROTHY A. DOKTOR.
Berkshire. October 6, 2014. - January 30, 2015.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, &
Hines, JJ.
Divorce and Separation, Alimony, Modification of judgment,
Separation agreement. Statute, Retroactive application.
Complaint for divorce filed in the Berkshire Division of the
Probate and Family Court Department on March 15, 1991.
A complaint for modification, filed on June 21, 2013, was heard
by Beth A. Crawford, J.
The Supreme Judicial Court granted an application for direct
appellate review.
Peter C. Alessio for the husband.
Janet H. Pumphrey for the wife.
DUFFLY, J. Joseph W. Doktor and Dorothy A. Doktor were divorced
by a judgment nisi that entered in January, 1992, after a marriage
of over twenty years.1 The judgment incorporated a separation
1
Because they share a last name, we refer to Joseph W. Doktor
and Dorothy A. Doktor by their first names.
2
agreement that, among other things, obligated Joseph to pay alimony
to Dorothy in the weekly amount of $200 until "the death or remarriage
of the Wife." That provision merged with the judgment. In June,
2013, Joseph filed a complaint for modification in the Probate and
Family Court, seeking termination of the alimony obligation under
G. L. c. 208, § 49 (f), inserted by St. 2011, c. 124 (alimony reform
act), which provides that "general term alimony orders shall
terminate upon the payor attaining the full retirement age." He
asserted that he had retired, and was past the normal age of full
retirement as defined by the alimony reform act. See G. L. c. 208,
§ 48. Thereafter, he filed an amended complaint for modification,
asserting as a further change in circumstances that his former wife
was no longer in need of alimony. Following a trial, a Probate and
Family Court judge dismissed the complaint for modification,
concluding that G. L. c. 208, § 49 (f) (retirement provision),
applies prospectively, and therefore that Joseph was required to,
but had not, established that there had been a material change in
circumstances warranting modification. Joseph appealed, and we
granted his petition for direct appellate review.
This case again raises a question relative to retroactive
application of the retirement provision of the alimony reform act
to alimony agreements that merged with judgments of divorce entered
prior to March 1, 2012, the effective date of the act. See Chin v.
3
Merriot, ante at ; Rodman v. Rodman, ante at . Joseph argues
that the judge erred in concluding that only those general term
alimony orders that exceed the durational limits set forth in G. L.
c. 208, § 49 (b),2 can be terminated pursuant to provisions of the
alimony reform act. We have concluded that the Legislature intended
the retirement provision to have prospective application;
consequently, it is not applicable to modification of the alimony
judgment in this case. Chin v. Merriot, supra. As to Joseph's claim
that the evidence he presented supports modification of his
obligation to pay alimony based on a material change in
circumstances, we conclude that the judge did not abuse her
discretion in finding that the evidence failed to establish a change
in the parties' circumstances warranting termination of the alimony
obligation.
Background. We draw our summary of the facts from the judge's
findings and the stipulations of the parties. The parties were
married on September 20, 1968. Joseph was trained as an electrical
2
The alimony reform act, St. 2011, c. 124, sets limits on the
period of time that alimony awards may continue, based on the length
of the parties' marriage as defined by the act. See G. L. c. 208,
§ 49 (b) (1)-(4). Following a marriage of more than ten but less
than fifteen years, for example, "general term alimony shall continue
for not longer than [seventy] per cent of the number of months of
the marriage." G. L. c. 208, § 49 (b) (3). Uncodified § 4 (b) of
the alimony reform act states in part: "Existing alimony awards
which exceed the durational limits established in [G. L. c. 208,
§ 49,] shall be modified upon a complaint for modification." St.
2011, c. 124, § 4 (b) (uncodified section).
4
engineer and worked for the majority of his career at a major
electronics firm, until his retirement in 2001 at the age of
fifty-seven. Dorothy earned a degree in medical technology and last
worked in that field in 1973. During the marriage, Dorothy focused
on raising the parties' two children, who are now adults, and managing
the household. Joseph was the primary wage earner. The parties had
been married for more than twenty years when they were divorced by
a judgment of divorce nisi entered on January 10, 1992, which
incorporated the parties' separation agreement. A merged provision
of that agreement provides that "the Husband shall . . . pay to the
Wife the sum of $200 per week as alimony . . . . Payments . . . shall
cease upon the death or remarriage of the Wife."
Following a trial on Joseph's complaint for modification, the
judge concluded that the retirement provision does not operate
retroactively, and thus that it does not apply in circumstances such
as these, where the parties' divorce judgment predates the alimony
reform act. The judge also determined that Dorothy could not meet
her expenses without alimony payments, and that Joseph had the
ability to meet his alimony obligation.
Discussion. 1. Prospective application of the retirement
provision. Joseph challenges the judge's conclusion that § 4 of the
uncodified provisions of the alimony reform act, St. 2011, c. 124,
§ 4 (uncodified section), sets forth the standard of review for
5
modification for alimony awards in judgments existing prior to March
1, 2012.3 As we explained in Chin v. Merriot, ante at , citing
Murphy v. Department of Correction, 429 Mass. 736, 737-738 (1999),
we "construe the language of the uncodified sections of the alimony
reform act together with the codified sections, according to their
plain meaning, unless the reliance on the literal words would produce
an absurd result, or a result contrary to the Legislature's manifest
intent."
The judge was correct in concluding that the Legislature
distinguished between modifications of newly-enacted durational
limits on alimony, defined in G. L. c. 208, § 49, and other
modifications to the amount of alimony awarded. The alimony reform
act provides that "existing alimony judgments that exceed the
durational limits under [G. L. c. 208, § 49,] shall be modified upon
3
Uncodified § 4 (b) of the alimony reform act provides:
"[General Laws c. 208, §§ 48-55,] shall not be deemed a material
change of circumstance that warrants modification of the amount of
existing alimony judgments; provided, however, that existing alimony
judgments that exceed the durational limits under [G. L. c. 208,
§ 49,] shall be deemed a material change of circumstance that warrant
modification.
"Existing alimony awards shall be deemed general term alimony.
Existing alimony awards which exceed the durational limits
established in [G. L. c. 208, § 49,] shall be modified upon a
complaint for modification without additional material change of
circumstance, unless the court finds that deviation from the
durational limits is warranted."
6
a complaint for modification without additional material change of
circumstance, unless the court finds that deviation from the
durational limits is warranted." Uncodified § 4 (b). In all other
respects, however, G. L. c. 208, §§ 48-55, "shall not be deemed a
material change of circumstance that warrants modification of the
amount of existing alimony judgments." Uncodified § 4 (b).
Under common understanding of the phrase, the term "durational
limits" refers to "the length of time something lasts." Black's Law
Dictionary 613 (10th ed. 2014). The codified sections of the alimony
reform act, discussing durational limits, clearly refer to the length
of time that alimony is to be paid, and distinguish this period from
the amount of alimony to be paid.4 Under the alimony reform act, the
term "durational limits" does not include an event, such as death,
remarriage, cohabitation, or reaching the age of retirement, that
might trigger termination or reduction of alimony. The language of
uncodified § 4 (b) is consistent with the language of uncodified
§ 4 (a), which provides that G. L. c. 208, § 49,
"shall apply prospectively, such that alimony judgments
entered before March 1, 2012 shall terminate only under such
judgments, under a subsequent modification or as otherwise
4
Thus, G. L. c. 208, § 49 (b), sets forth limitations on the
duration of alimony obligations based on the length of the parties'
marriage. General Laws c. 208, § 49 (b), by its terms, does not apply
to a marriage of more than twenty years. See id. ("if the length
of the marriage is [twenty] years or less, general term alimony shall
terminate no later than a date certain under the following durational
limits").
7
provided for in this act."
As we explained in Rodman v. Rodman, ante at , modification
based on the newly-enacted durational limits in G. L. c. 208, § 49,
affords the sole exception to prospective application, and it is
apparent that this is what the Legislature was referencing in
uncodified § 4 (a) when it allowed prospective application "as
otherwise provided for in this act." Uncodified § 5 staggers the
filing dates for complaints for modification asserting that an
existing alimony judgment exceeds the durational limits of G. L.
c. 208, § 49.5 There is a three and one-half year phase-in period
5
Uncodified §§ 5 and 6 of the alimony reform act provide:
"SECTION 5. Any complaint for modification filed by a payor
under [§] 4 of this act solely because the existing alimony judgment
exceeds the durational limits of [G. L. c. 208, ' 49,] may only be
filed under the following time limits:
"(1) Payors who were married to the alimony recipient [five]
years or less, may file a modification action on or after March 1,
2013.
"(2) Payors who were married to the alimony recipient [ten]
years or less, but more than [five] years, may file a modification
action on or after March 1, 2014.
"(3) Payors who were married to the alimony recipient [fifteen]
years or less, but more than [ten] years, may file a modification
action on or after March 1, 2015.
"(4) Payors who were married to the alimony recipient [twenty]
years or less, but more than [fifteen] years, may file a modification
action on or after September 1, 2015.
"SECTION 6. Notwithstanding clauses (1) to (4) of [§] 5 of this
8
for filing of such requests.6 However, uncodified § 6 provides an
exception to that phase-in period. Read together, uncodified §§ 5
and 6 establish that, where a payor who had been married to a recipient
for fewer than twenty years seeks to modify an alimony obligation
based on the durational limits of G. L. c. 208, § 49, and the payor
also will "reach full retirement age on or before March 1, 2015,"
the payor may file a complaint for modification on or after March
1, 2013, "[n]otwithstanding clauses (1) to (4) of [§] 5";
accordingly, such a payor is not restricted to the phased filing dates
provided in uncodified § 5.
Based on the foregoing, the judge did not err in dismissing the
complaint for modification on the ground that G. L. c. 208, § 49 (f),
is prospective, and therefore provides no basis for modifying the
alimony judgment that entered more than twenty years prior to March
1, 2012.
2. Material change in circumstances. Joseph also challenges
the judge's conclusion that the parties' circumstances do not warrant
act, any payor who has reached full retirement age, as defined in
section [G. L. c. 208, ' 48,] or who will reach full retirement age
on or before March 1, 2015 may file a complaint for modification on
or after March 1, 2013."
6
According to the chairs of the alimony task force that drafted
the proposed legislation act that eventually was adopted as the
alimony reform act, this "phase in period" was intended to ease the
additional burden on courts resulting from the sudden influx of
cases. See letter of December 28, 2010, from Chairs of the Alimony
Task Force to Chairs of the Joint Committee on the Judiciary.
9
modification of the alimony judgment. The judge properly "looked
to the statute governing modification of divorce judgments that was
in effect prior to the enactment of the alimony reform act, to inform
her determination whether there had been a material change in the
parties' circumstances." Chin v. Merriot, ante at , citing
Pierce v. Pierce, 455 Mass. 286, 293 (2009).
Because the parties stipulated "that the Husband has the ability
to pay the current alimony award," the judge made no findings
concerning Joseph's income, expenses, or assets. Indeed, nothing
in the record reflects the amount of his income and expenses, or the
net value of his assets. Instead, in light of the stipulation, the
judge's findings focus on whether Dorothy's circumstances since the
divorce have changed so materially that she is no longer in need of
alimony. In determining whether Dorothy is no longer in need of
alimony, the judge considered the parties' marital standard of
living, as she was required to do. "If a supporting spouse has the
ability to pay, the recipient spouse's need for support is generally
the amount needed to allow that spouse to maintain the lifestyle he
or she enjoyed prior to termination of the marriage. 'The standard
of need is measured by the "station" of the parties -- by what is
required to maintain a standard of living comparable to the one
enjoyed during the marriage.'" Pierce v. Pierce, supra at 296,
quoting Grubert v. Grubert, 20 Mass. App. Ct. 811, 819 (1985).
10
Joseph does not challenge the following findings of fact.
During the marriage, Joseph was the primary wage earner; his gross
weekly income was $1,428,66. Dorothy earned no significant income
after the children were born. At the time of the divorce, her only
income, other than child support, was one hundred dollars per week
from dividends and interest. The marital home, which the parties
built together using their own labor, was sold at the time of the
divorce. The house, a four-bedroom, two and one-half bathroom
colonial, is located on four and one-half acres of land. Joseph used
the proceeds to pay off the mortgage on the house, in which he
continues to live with his current wife; title to the house is now
in her name.7 Dorothy purchased "a modest house," which at the time
of trial had equity in the amount of $109,000. During their
marriage, Joseph and Dorothy traveled regularly; every year, they
took an extensive vacation with their children, and Dorothy often
accompanied Joseph on business trips. They drove expensive
automobiles, went to concerts and dined out frequently, and Joseph
often purchased jewelry for Dorothy.
Following the divorce, Dorothy worked as a limousine driver
earning seventy-nine dollars per week. By the time of trial on the
complaint for modification, she no longer drove for a company, but
7
The record does not reflect the value of the house, its sale
price, or the amount of equity each party received.
11
continued to drive for friends, earning between forty dollars and
$46.15 per week. As additional sources of weekly income, she
received $197 in Social Security benefits, $232.42 in dividends, and
$144.26 from her share of Joseph's pension. The judge found
Dorothy's adjusted weekly expenses of $634.49 to be "reasonable."
The judge found also that Dorothy traveled occasionally, but that
her travel was not as "lavish" as it had been during the marriage,
and that she used discounts and coupons to meet her other expenses.
Dorothy had received two assets as part of an equal division of
marital assets when the parties divorced. They had a combined value
of $690,231 at the time of trial on the complaint for modification.8
The judge found that Dorothy "is not able to meet her current
reasonable expenses from income without alimony, unless she invades
her assets."
Joseph argues that the judge erred in not considering Dorothy's
ability to use the principal of her assets to meet her reasonable
expenses. "In determining whether to modify a support or alimony
order, a . . . judge must weigh all relevant circumstances";
"[r]esolution of the issue rests in the judge's sound discretion."
8
One of these assets was an investment account valued at
$375,839 that generated dividend income in the amount of $232.42 per
week, and the other was an individual retirement account valued at
$314,392. The judge found that Dorothy also had, at some point,
acquired an additional individual retirement account valued at
$30,361; the evidence does not reflect the date on which this asset
was acquired.
12
Schuler v. Schuler, 382 Mass. 366, 370 (1981). On this record, the
judge appears to have "weigh[ed] all relevant circumstances," id.,and to have reached her determination based on the evidence
presented. She properly considered the parties' station in life
during the marriage; the nature, source, and value of Dorothy's
assets; her current income and reasonable expenses; and Joseph's
stipulated ability to continue to pay alimony in the amount of $200
per week. On these facts, the "judge properly could conclude that
the wife should not be required to deplete her assets in order to
maintain herself." Downey v. Downey, 55 Mass. App. Ct. 812, 818
(2002).
Judgment affirmed.