Zaleski v. Zaleski
469 Mass. 230
| Mass. | 2014Background
- Wife filed for divorce in December 2010; marriage lasted about 16 years.
- Judgment awarded wife rehabilitative alimony of $11,667/month for five years, with assets/division and custody arrangements.
- Court considered alimony under 2011 Alimony Reform Act, defining four categories; dispute centered on rehabilitative vs general term alimony.
- Judge found wife not self-supporting but able to become self-sufficient within five years; wife planned to work; husband earned about $400,000 base with substantial bonuses.
- Court ordered both parties to maintain life insurance as security; wife argued this was improper.
- Record showed joint assets mostly limited to home equity and retirement accounts; debts allocated primarily to wife.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rehabilitative alimony was proper over general term alimony | Zaleski argues general term better reflects long marriage; rehabilitative undervalues wife’s needs. | Zaleski contends wife can become self-sufficient; rehabilitative aligns with predicted self-sufficiency. | Rehabilitative alimony affirmed; miscalculation remanded for amount. |
| Whether husband's bonus income should be included in alimony calculation | Wife argues all income, including bonuses, must be counted per statute. | Husband argues base salary suffices; bonuses speculative in amount. | Remanded to recalc alimony amount including full income; bonus inclusion required. |
| Whether life insurance security for alimony was appropriate | Security requirement excessive; death benefit too large and unsupported by findings. | Security for alimony allowed under statute as reasonable safeguard. | Life insurance security requirement vacated; remanded for recalculation. |
| Whether division of assets and debt was supported by findings | Allocation favored husband; debts misvalued; asset division not proportional. | Court properly weighed factors and allocated assets/debts accordingly. | Division affirmed except where alimony remand implicates related issues; remand for recalculation of alimony. |
Key Cases Cited
- Heins v. Ledis, 422 Mass. 477 (Mass. 1996) (broad discretion in alimony; mandatory factors must be considered)
- Baccanti v. Morton, 434 Mass. 787 (Mass. 2001) (factors for division of marital property; standard of review)
- Williams v. Massa, 431 Mass. 619 (Mass. 2000) (guidance on asset division not requiring precise math)
- Dewan v. Dewan, 399 Mass. 754 (Mass. 1987) (present assignment of future pensions; preferred when assets exist)
- Moriarty v. Stone, 41 Mass. App. Ct. 151 (Mass. App. Ct. 1996) (rehabilitative alimony aims to reenter workforce; predictive self-sufficiency)