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PIERCE v. PIERCE

455 Mass. 286 (2009)

RUDOLPH F. PIERCE v. CARNEICE G. PIERCE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 9, 2009.

Attorney(s) appearing for the Case

Anthony M. Doniger (Susan A. Hartnett with him) for Rudolph F. Pierce.

David E. Cherny (Mark T. Smith with him) for Carneice G. Pierce.

The following submitted briefs for amici curiae:

Rachel B. Biscardi for Women's Bar Association of Massachusetts & another.

Edward M. Ginsburg, Christina L. Paradiso, & Katie M. Perry for Legal Assistance Corporation of Central Massachusetts.

John Foskett, Thomas J. Barbar, & Fern L. Frolin for American Academy of Matrimonial Lawyers, Massachusetts Chapter.

Present: SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

The plaintiff, Rudolph F. Pierce, was married to the defendant, Carneice G. Pierce, for thirty-two years until their divorce on August 26, 1999. As part of their separation agreement, which was merged in relevant part with the judgment of divorce nisi (divorce judgment), Rudolph was required to pay Carneice $110,000 per year as alimony for her support and maintenance.1 In March, 2008, at the age of sixty-five, Rudolph voluntarily...

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