Assume that you are a trial judge facing the following situation:
Over the course of a twelve-year marriage, the husband was the primary wage earner. He also did most of the housework and provided the bulk of care for the couple’s one child, who at the time of the divorce is nine years old. The wife has experienced chronic depression and has struggled on and off with a drinking problem. She has worked very hard to overcome these problems and at times during the marriage has been able to make a contribution through part-time work, and taking over a share of domestic and child-related responsibilities. Several times, she enrolled in a community college, but was never able to complete her degree. At the present time, she has a part-time job at a local store.
There is no dispute about custody. The husband will have sole legal and physical custody with liberal parenting time for the wife. The husband is not interested in child support. **
The real issue is alimony. The wife is seeking permanent support. She earns very little money, and she also wishes to finish school. She is willing to renegotiate the support amount when she finishes her degree, however, she does not want rehabilitative support because she is afraid that she may not be able to complete her degree.
The husband feels that he gave the marriage everything he had, and that his wife contributed almost nothing. He also feels that she had repeated opportunities to get a degree during the marriage and that he should not have to support her education now.
As the judge, what are all of the factors that need to be considered in reaching a result in this case? After setting out all of the relevant considerations, discuss what result you would reach and why. Discuss how this situation would be addressed under the “new” Massachusetts alimony law.
(** For purposes of answering this question, do not worry about child support. Assume that any child support obligation can be offset against spousal support if it is awarded.)
