Igor Odnovorov v. Svitlana Odnovorov

Boston, Massachusetts family law lawyers represented the husband and wife in a divorce action.



"In making a property division and alimony determination under G. L. c. 208, § 34, a judge must make findings indicating that [she] has considered all factors relevant under § 34, and has not considered any irrelevant factors." T.E. v. A.0., 82 Mass.App.Ct. 586, 592 (2012), quoting Bowring v. Reid, 399 Mass. 265, 267 (1987). "A judgment will not be disturbed on appeal unless plainly wrong and excessive" (quotation and citation omitted). Zaleski v. Zaleski, 469 Mass. 230, 236 (2014). Here, the judge articulated sixty-six findings of fact based on careful consideration of the § 34 factors. She considered the length of the marriage; the parties' occupations, vocational skills, employability, and sources of income; and the parties' contributions to the marital estate. She detailed the marital lifestyle and conduct of the parties during the marriage in nine additional findings. And she further considered the present and future needs, as well as the best interests of, the dependent child when awarding custody and child support.



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Legal issue Did a Probate and Family Court judge abuse discretion in determining alimony and the division of assets during a divorce proceeding?

Headnote



FAMILY LAW. DIVORCE JUDGMENT. The case involves an appeal by a former spouse contesting the trial court's decisions on alimony and the division of assets and liabilities during a divorce nisi judgment, examining if the judge abused discretion under G.L. c. 208, § 34.



FAMILY LAW. EQUITABLE DIVISION OF PROPERTY. The appellate court reviewed whether the probate and family court properly considered relevant factors in making an equitable, not equal, division of marital property, as required under Massachusetts law.



FAMILY LAW. ALIMONY DETERMINATION. The judgment examines the trial court's discretion in determining not to award alimony based on the employment status and financial circumstances of the parties at the time of trial.



FAMILY LAW. CHILD SUPPORT AND BONUSES. The issue includes reviewing the claim for retroactive child support based on the husband's bonuses, assessing whether the financial circumstances were adequately considered by the trial court.



FAMILY LAW. ATTORNEY'S FEES AND CONDUCT. The appeal challenges the denial of attorney's fees, predicated on the husband's conduct, and reviews whether the trial judge properly evaluated the parties' mutual conflict affecting litigation costs.

Key Phrases Alimony determination. Division of assets. Appellate argument. Child support. Abuse prevention order.

Affirmed