The moment that we have all been waiting for. . . .an opportunity to see how the appellate court will interpret the new alimony legislation is finally here. In its decision released today, HOLMES v. HOLMES, the SJC held that "temporary alimony is separate and distinct from general term alimony, and that the duration of temporary alimony is not included in calculating the maximum presumptive duration of general term alimony." Factors that the court noted were of import were the wife's health problems and her limited capacity to earn income, thus supporting the trial judge's determination that the appropriate duration of general term alimony wasa the "maximum presumptive duration." What is interesting to note is that the judge made the determination on a complaint for modification, and not by a divorce judgment, or the initial establishment of the alimony award.