Imputing Income and Divorce Planning

The Appeals Court affirmed a judgment in which the trial court refused to impute income to a wife who was working an 80% schedule at the time of trial and who was earning an annual salary of over $500,000.  The Appeals Court was impressed that throughout the marriage, she had often reverted from full-time to reduced-time and that the current schedule was not the result of “divorce planning.” Lanes v. Jagolta, 2010 Mass.App.Unpub. LEXIS 1069