gavelThe latest in a series of cases interpreting and clarifying the Alimony Reform Act of 2011 has just been decided. Duff-Kareores vs. Kareores was decided by the Supreme Judicial Court on June 15, 2016.

What’s the Story?

The parties were married in 1995, had two children and divorced in 2004. They then lived separately, complying with their divorce agreement, until they began living together as a family again in 2007. They remarried in December 2012. Alas, things didn’t work out as planned, and the wife filed for a second divorce in June of 2013.

The Alimony Decision

The trial judge held that the length of their marriage, for the purpose of determining the alimony term under the Alimony Reform Act, ran from the date of their first marriage till the service of the second divorce. This included the period when they were living separately, under the terms of a divorce agreement, in the calculation of time that alimony in the new divorce would last. Not surprisingly, this was appealed.… Keep reading

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As a family law attorney, I’m often met with surprise (even outrage!) when I tell my clients that they’re required to participate in a Parent Education Program in connection with their Massachusetts divorce. People always say that it’s so much easier to get married than it is to get divorced, and that’s not entirely without merit.

While everyone knows that divorce is a costly process, both financially and emotionally, litigants too often become so focused on their own pain that they lose sight of the emotional toll the process can put on their children. Recently there have been some important changes to the Parent Education Program.… Keep reading

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Hi there,

There are many stops on the road before a divorce trial takes place. If you and your soon-to-be-ex-spouse still have disputes after your four way meeting, your next shot at settling the case is through a pretrial conference. At the pretrial conference, the judge who would preside over the actual trial is the judge who will look through all your documentation and tell everyone what he or she thinks about the remaining disagreements. If you’re able to work through the disputes, this can be a great opportunity to settle without going to litigation. Your attorney should bring a draft agreement, as most people get divorced on the day of the pretrial conference.

Tell Your Story with a Pretrial Memo

In preparation for your pretrial conference, your attorneys have the opportunity to explain your side of the story through a well-written memo (a “pre-trial memorandum”). This memo should clearly explain to the judge what you want and why you deserve it. It’s your chance to tell your side of the story in the best way possible.… Keep reading

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On April 5, 2016, the collective eyes of Massachusetts divorce attorneys and estate planners were fixed on the Supreme Judicial Court, where the highly-anticipated oral arguments on “further appellate review” of Pfannenstiehl v. Pfannenstiehl took place.

The 2015 Appeals Court decision received national attention for its potential detrimental impact on the estate planning goals of families who desire to shield trust assets from divorce claims. In Pfannenstiehl, both the Trial Court and the Appeals Court went to great lengths to ensure that the wife would benefit, at least indirectly, from an irrevocable trust established by her soon-to-be-ex-husband’s father even though the husband had no control over the trust and could receive distributions only at the discretion of the trustees. The husband had no present, guaranteed, enforceable interest to receive or use assets or income from the trust. The trustees’ discretion was limited to making distributions under an “ascertainable standard” for a beneficiary’s health, education, maintenance and support. The Trial Court and Appeals Court decisions failed to account for the fact that the trustees did not make distributions to the husband for most of the marriage, and that the husband received distributions only during the final two years of … Keep reading

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Smartphones are everywhere, most working professionals have one. What you may not know is that during a divorce, you can use it as a handy tool to help protect your prized possessions from potential loss or destruction. Smartphones, including Androids and iPhones, have a camera. The video capabilities in your hand can be a valuable resource. We learned in a previous post that you must be very careful with video, so you don’t accidentally record speech without notice. But! The capability is on your phone and there are good reasons to use video for more than just capturing your spouse’s bad behavior.… Keep reading

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Mother hugging her daughter.Freshly back to work from maternity leave, it warmed my new-mommy/divorce-lawyer heart to see this week’s U.S. Supreme Court decision affirming a loving mother’s right to share in the ongoing care and custody of children she helped raise during a long-term same-sex relationship. While the opinion itself speaks much more to jurisdictional issues and the Full Faith & Credit Clause of the U.S. Constitution than it does to gay rights, the V.L. v. E.L. case represents a significant victory for gay-rights advocates in Alabama, despite the best efforts of that state’s Chief Justice to ignore or outright defy social and legal developments advancing the rights of homosexual couples.… Keep reading


In March 2012, Massachusetts law on alimony was reformed and codified as General Laws Chapter 208, sections 48 – 55. A judicial hearing has been set for Monday, March 7, 2016 at 1 p.m. at the State House seeking further reform of the alimony statute.

The 2012 alimony reform provided for:

  • Durational limits.
  • Termination of alimony upon a payor reaching retirement age.
  • Reduction or termination of an alimony obligation when a recipient cohabitates.

In 2015, the Supreme Judicial Court issued decisions in three cases interpreting the alimony law and held that only the durational limits apply to alimony cases decided (or settled) before March 1, 2012, while the retirement provisions and cohabitation provisions do not.… Keep reading

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As people scramble to purchase Powerball tickets for a chance (however small) at the 1.3 billion dollar jackpot, the largest in U.S. history, I couldn’t help but think about the practical considerations that come into play when dealing with divorce and lottery winnings, especially for those who are divorcing, or already divorced. Sure, it’s nice to fantasize about buying a second (or third, or fourth) home in the most exotic of locales, or giving thousands of dollars to charities and every person you’ve ever met, but lottery winnings could also affect property division in a divorce, or a child support and/or alimony obligation.

Can my former spouse claim any of my lottery winnings?

… Keep reading
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Have you ever wondered if a divorce is always final or whether a divorce judgment can be “undone” or “modified?” The short answer: Like everything else, it depends.

In general, divorce and divorce judgements are final. You can’t “undo” a divorce, so to speak. The finality of a divorce is critically important. Imagine the horror if your spouse was suddenly able to reverse the divorce decree and you found yourself still married!

Why would you want to undo divorce decrees in the first place? Common reasons include:

  • You reconciled after all
  • You didn’t like the trial judgement
  • You believe the terms of the final divorce settlement were unfair
… Keep reading
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