Massachusetts General Laws

Mass. Gen. Laws ch. 209, § 33 (2026)

Separate support or maintenance; attachment of defendant's property and trustee process

✓ current as of July 2026
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Section 33. In an action for separate support or maintenance, an attachment of the defendant's property may be made as upon an action for divorce; and sections seventeen, thirty-three, thirty-five, and thirty-eight of chapter two hundred and eight shall apply to proceedings upon such complaint and to all subsidiary proceedings arising thereunder, so far as appropriate. Trustee process of an obligor's disposable earnings may likewise be made by the filing of a complaint under the provisions of section thirty-six A of chapter two hundred and eight. All procedures under said section thirty-six A of said chapter two hundred and eight shall apply following the filing of said complaint.

Notes of Decisions
Cited in 7 cases, 1971–1981 · leading case: Dee v. Dee, 296 N.E.2d 521 (Mass. App. Ct. 1973).
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Dee v. Dee, 296 N.E.2d 521 (Mass. App. Ct. 1973). · cites it 6× “The wife has not caused the home to be attached (G.L.c. 209, § 33 [2] ). The home need not be sold, as the husband is of sufficient financial ability, apart from his interest in the home, to pay not only for the general living expenses of the wife and child but also for suitable…”
DuMont v. Godbey, 415 N.E.2d 188 (Mass. 1981). “Divorce, but not separation, revokes will provisions for the former spouse unless the will expressly provides otherwise. G. L. c. 191, §9. Probate Courts have plenary equity jurisdiction in controversies over property between husband and wife in divorce or separate support…”
Gould v. Gould, 267 N.E.2d 652 (Mass. 1971). · cites it 2× “The new section does not authorize the provision made in this case; it can have full effect in cases where an attachment of real estate is made under G. L. c. 209, §33. The provision of the decree that the wife may be allowed “for use in her new apartment” necessary furniture…”
Madden v. Madden, 269 N.E.2d 89 (Mass. 1971). “208, § 33, as in *364 corporated by reference by G. L. c. 209, § 33. On this basis he contends that no such cause is shown, citing Blumenthal v.”
Kellermann v. Kellermann, 407 N.E.2d 1262 (Mass. App. Ct. 1980). “208, § 35; G. L. c. 209, § 33; Jelly v. Jelly, 327 Mass.”
Madden v. Madden, 297 N.E.2d 59 (Mass. 1973). “Ann argues that although William did not initiate the instant suit he brought it about by abandoning her and *885 their three minor children; that he attempted to get a divorce by defrauding the Georgia courts with misrepresentations and wilful omissions of fact in his petition…”
Ricciardelli v. Ricciardelli, 343 N.E.2d 438 (Mass. App. Ct. 1976). “G. L. c. 209, § 33. See also G. L. c. 208, § 33; MacLennan v.”
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