Snow v. Snow (Lawyers Weekly No. 10-025-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12102 JACQUELYN D. SNOW vs. WINTHROP E. SNOW. Berkshire. October 6, 2016. – February 9, 2017. Present: Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ. Divorce and Separation, Alimony, Foreign divorce. Complaint filed in the Berkshire Division of the Probate and Family Court Department on August 25, 2014. The case was heard by David J. Dacyczyn, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Brigid M. Hennessey (Buffy D. Lord also present) for the husband. Lindsay D. DiSantis (David R. Cianflone also present) for the wife. GANTS, C.J. The wife in this case did not pursue her claim for alimony during the divorce proceeding, but sought and obtained an alimony award more than four years after the divorce judgment. We conclude that, in such circumstances, the durational limit of general term alimony under G. L. c. 208, § 49 (b), starts to run on the date that the alimony was awarded, not on the date of the divorce judgment or on the date temporary alimony was awarded. We also conclude that the income earned from overtime pay must be considered in making an initial alimony award determination under G. L. c. 208, § 34, regardless of whether that determination is made before or after the divorce judgment. Finally, we conclude that, where a judge awards alimony under § 34, the judge must specifically address the issue of health insurance coverage for the recipient spouse as required by § 34. Background. Jacquelyn D. Snow (wife) and Winthrop E. Snow (husband) were married in New York in 1991, and separated in January, 2008. They have no children. The husband commenced the divorce action in the New York Supreme Court in May, 2008, claiming “constructive abandonment” by the wife.[1] The wife was initially represented by counsel, but her attorney’s motion to withdraw was allowed by the judge in September, 2009. After the wife failed to answer the husband’s verified complaint, comply with discovery obligations, and appear for her deposition, the judge found her in default and entered a judgment for divorce on July 21, 2010, in accordance with N.Y. Dom. Rel. Law § 211 (McKinney 2016) (“A final judgment shall be entered by default for want of appearance or pleading, . . . only upon competent […]