Massachusetts Supreme Judicial Court

Openshaw v. Openshaw

March 7, 2024

Summary

The court held that regular saving may be considered part of a couple's marital lifestyle when determining alimony need, provided the practice was established during the marriage and the parties' combined postdissolution income permits both spouses to maintain that lifestyle. The court also upheld the judge's reliance on the wife's current financial statement and the resulting alimony award, but vacated the allocation of marital liabilities because the unexplained assignment of nearly all marital debt to the husband was inconsistent with the judge's stated equitable division. The matter was remanded for reconsideration of the liabilities allocation.