What is the impact of a spouse's contribution to her husband's career on his post-separation earnings?

The wife was a stay-at-home mother in an approximately 23-year marriage. The husband does not dispute that his career flourished, at least in part, because the wife assumed responsibility for child care and household management. A significant amount of the unequalized portion of the early pension payout was earned while the parties cohabited. Post-separation earnings were achieved at the level at which they were, at least in part, because of the wife’s contribution to the husband’s career. The wife did not argue for a Boston v. Boston exception to permit double dipping at this time. In these circumstances, the good fortune involved in the early pension payout should accrue, at least to some extent, to both parties, particularly where, as here, the parties agreed they would share post-separation changes in income.

As for the wife’s expenses, before turning to his analysis of the unequalized portion of the pension issue, the motion judge cited Boston v. Boston for the proposition that “where a pension is equalized by way of a lump sum payment, the payee is under an obligation to use those assets in an income-producing way … to create an ‘pension’ to provide for her future.”