Also known as: limited-duration support · temporary support · rehabilitative alimony
Written by attorneys — see sources below.
Temporary maintenance or support awarded in a proceeding for dissolution of marriage or legal separation, including when the court lacked personal jurisdiction over the absent spouse. The motion must be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
Landon Long and Layla Lane filed for dissolution. Layla moved for temporary maintenance with a sworn affidavit detailing her reduced income and Landon's higher earnings. The court granted limited duration support to cover Layla's needs pending final orders.
Lars Lindstrom and Lucia Lopez ended their marriage. Lucia petitioned for legal separation and requested limited duration support, attaching an affidavit showing her contributions to the household and Lars's greater financial resources. The court awarded the support even though it initially lacked personal jurisdiction over Lars.
Mary A. Sullivan, the widow of Ernest G. Sullivan, exercised her right under G. L. c. 191, § 15, to take a share of her husband’s estate. She filed an action in the Probate Court for Suffolk County seeking a determination that assets held in an inter vivas trust created by her husband during the marriage should be considered part of his estate. A judge of the Probate Court rejected the widow’s claim and entered judgment dismissing the complaint. In September 1973, Ernest G. Sullivan executed a deed of trust transferring real estate to himself as sole trustee. The net income of the trust was payable to him during his life, and the trustee was instructed to pay to him all or such part of the principal as he might request in writing from time to time. He retained the right to revoke the trust at any time. On his death, the successor trustee was directed to pay the principal and any undistributed income equally to George F. Cronin, Sr., and Harold J. Cronin, who survived him. Ernest G. Sullivan died on April 27, 1981, while still trustee of the inter vivas trust. He left a will stating that he intentionally neglected to make any provision for his wife Mary A. Sullivan and his grandson Mark Sullivan, and directing that the residue of his estate be paid over to the trustee of the inter vivas trust. The defendants George F. Cronin, Sr., and Harold J. Cronin were named coexecutors of the will, and the defendant Burkin is successor trustee of the inter vivas trust. On October 21, 1981, Mary A. Sullivan filed a claim pursuant to G. L. c. 191, § 15, for a portion of the estate. The parties state that Ernest G. Sullivan and Mary A. Sullivan had been separated for many years, and in 1962 the wife obtained a court order providing for her temporary support. At his death the husband owned personal property worth approximately $15,000, and the only asset in the trust was a house in Boston sold after his death for approximately $85,000. The widow appealed, and on July 12, 1983, a panel of the Appeals Court reported the case to the Supreme Judicial Court.
View caseNo. The statute expressly allows a motion for temporary maintenance or child support even when the court lacks personal jurisdiction over the absent spouse, provided the motion includes a supporting affidavit.