Right to Trust Income Waived by Agreement– The parties entered into a separation agreement that included a surviving provision in which the wife waived the right to seek future modifications of alimony to the extent that they are based on distributions that the husband may receive from a particular trust. In the wife’s subsequent modification action, the Probate Court increased the husband’s alimony obligation, basing its decision in part on husband’s income from the aforementioned trust. The Appeals court reversed on the grounds that the agreement barred any consideration of income from that trust. Slosberg v. Slosberg, 73 Mass.App.Ct. 1104 (Unpublished) (November 4, 2008).
Attorney Jonathan Fields of Fields and Dennis, Wellesley, Massachusetts is a family law and divorce lawyer serving the Greater Boston region.