Domestic relations – Closely held securities – Modified time rule formula

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Where a judgment of divorce nisi has been challenged on appeal, the judgment should be upheld despite the husband’s argument that the Probate & Family Court judge erred by failing to apply the modified time rule formula set forth in Baccanti v. Morton, 434 Mass. 787, 801 (2001), to closely held securities obtained in connection with his employment.

“The husband, Karim Suwwan De Felipe, appeals from a judgment of divorce nisi. He argues that the Probate and Family Court judge erred by failing to apply the modified time rule formula set forth in Baccanti v. Morton, 434 Mass. 787, 801 (2001), to closely held securities obtained in connection with his employment and ordering the distribution of those assets on an ‘if and when received’ basis. The husband also challenges the alimony award on several grounds. We affirm.”

Suwwan De Felipe v. El-Youssef Suwwan (Lawyers Weekly No. 11-071-25) (20 pages) (Toone, J.) The case was heard by Megan H. Christopher, J., in the Probate & Family Court. Nancy F. Baskin (Jordana S. Kershner also present) for the husband; Stephen A. MacKenzie (Andrea Peraner-Sweet also present) for the wife (Docket No. 24-P-792) (Oct. 14, 2025).

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