Rodman v. Rodman

Summary

The Massachusetts Supreme Judicial Court held that G. L. c. 208, § 49(f), the Alimony Reform Act's retirement provision, does not apply retroactively to alimony orders entered before March 1, 2012. The court rejected the argument that retroactive application was permissible merely because the parties' separation agreement had merged into the divorce judgment and was generally modifiable. The matter was remanded to the Probate and Family Court for further proceedings.

Holdings

1. G. L. c. 208, § 49 (f), does not apply retroactively to alimony orders in divorce judgments entered before March 1, 2012.
2. The merger of an alimony agreement into a divorce judgment does not permit retroactive application of the retirement provision.

Questions Presented

1. Whether G. L. c. 208, § 49 (f), applies retroactively to an alimony order in a divorce judgment entered before March 1, 2012.
2. Whether the fact that the parties' alimony agreement merged into the pre-effective-date divorce judgment makes application of the retirement provision prospective rather than retroactive.

Disposition

remanded