Under Massachusetts law, does a spouse get increased spousal support when the paying spouse recently won the lottery?

Memorandum

TO : XXX

FROM : XXX

SUBJECT : LEGAL OPINION ON INCREASED SPOUSAL SUPPORT

BASED ON A LOTTERY WINNING BY THE PAYING SPOUSE

DATE : 01 November 2007

FACTS

Two years ago , Tina Wolf was divorced from her husband of twelve (12 years , Tom , a successful investment banker . As part of the divorce judgment (which incorporated Tina and Tom`s voluntarily agreed upon divorce settlement agreement , Tina was awarded monthly spousal support This spousal support has been sufficient to meet Tina 's needs . Six (6 months ago , Tom won the lottery in

our state . Tom will now receive approximately seven hundred thousand dollars 700 ,000 ) per year from the state lottery for the next thirty (30 ) years

ISSUE

Whether or not Tina can seek a modification of her spousal support and receive increased spousal support based on Tom`s significant change in circumstance in having won the lottery

RULE

As provided under the General Laws of Massachusetts , After a judgment for alimony or an annual allowance for the spouse or children , the court may , from time to time , upon the action for modification of either party , revise and alter its judgment relative to the amount of such alimony or annual allowance and the payment thereof , and may make any judgment relative thereto which it might have made in the original action (M .G .L .A . c . 208 , 37 . Hence , the law allows for the amount of alimony or spousal support to be revised or altered upon action for modification of either party (M .G .L .A . c . 208 , 37 . And in that the amount of alimony to be paid may be determined , the court , after hearing the witnesses , if any , of each party , shall consider the length of the marriage , the conduct of the parties during the marriage , the age , health , station , occupation , amount and sources of income vocational skills , employability , estate , liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income (M .G .L .A . c . 208 , 34

An action to modify a judgment for alimony may only be successful if the petitioner can demonstrate a material change of circumstances since the entry of the earlier judgment ' Schuler v . Schuler , 382 Mass . 366 378 , 416 N .E .2d 197 (1981 . Since , the modification of alimony judgment lies entirely within the discretion of the trial judge , the judge must first weigh all relevant circumstances to determine the extent and palpability of a change in circumstances which would warrant its modification . Downey v . Downey , 55 Mass .App .Ct . 812 , 774 N .E .2d 1149 Mass .App .Ct , 2002 . Thus , as held in Downey v . Downey , 55 Mass .App .Ct 812 , 774 N .E .2d 1149 Mass .App .Ct , 2002 , Unless there is no basis in the record for the judge 's decision concerning a motion for modification of alimony , an appellate court defers to the judge 's evaluation of the evidence presented at the trial

The substantial change in the financial condition or needs...