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Appeals court hears argument in Bernat v. Hetnarski over alimony, retroactivity and use of assets
Summary
Counsel debated whether a former spouse is entitled to retroactive or prospective alimony after the payor’s post-divorce earnings rose sharply; arguments covered material change standards, need, ability to pay and reliance on assets awarded in the divorce.
The Appeals Court heard argument in Bernat v. Hetnarski (No. 24735) on whether the trial court abused its discretion by denying any alimony (retroactive or prospective) after the payor — a former portfolio manager — realized substantial earnings and investment gains following the divorce.
Why it matters: The case explores how courts should treat post-judgment increases in earned income and investment returns when evaluating requests for modification or retroactive relief under Massachusetts alimony law, balancing need, ability to pay and the equitable division of assets.
Attorney Richard Novich, representing the payee…
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