Tag Archives: alimony

Do Durational Limits Apply to Cases That Were Resolved Before the Alimony Reform Act?

The Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act. The Alimony Reform Act, which went into effect in March 2012, provides that all alimony awards that predate the Act are deemed “general term alimony.” Under G.L. c. 208, §49(b), general term … Continue Reading

Definition of Cohabitation Set in Recent Alimony Reform Act Interpretation

The 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 … Continue Reading

It’s STILL Not Too Late to Act!

Hi there, I usually take no position on pending legislation but the proposed changes to the alimony law will adversely affect thousands of pre-existing divorce agreements. If you can, please take the time to read this update and consider calling or writing your State Representative and Senator. There is a lot of well organized force … Continue Reading

It’s Not Too Late to Act!

Hi there, Earlier in 2016 our Private Client group happily welcomed Ann “Hether” Hetherwick Cahill as an associate. Hether’s practice focuses on probate and family court litigation, including will contests, removal claims, trust disputes, equity actions, guardianship and conservatorship proceedings, and family law. We’re pleased to feature some of her thoughts on the recent developments … Continue Reading

First SJC Clarification of the New Alimony Reform Act

Hi there, With the coming of spring comes a fresh interpretation of some relatively new legislation that has been closely watched by attorneys around Massachusetts. Any new law will require interpretation by the courts, going up through the Supreme Judicial Court (SJC), before lawyers are sure of how the ambiguities in any new law will … Continue Reading

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 2

Hi there, This week my very smart colleague Jen Green is back with Part 2 in her series of important tax issues that need to be considered when dividing marital property during a divorce.  Best, Nancy    4. Principal Residence The marital residence is one of the largest marital assets. In general, the tax code provides that … Continue Reading

Modification Process in Massachusetts Divorce Cases

Hi there, The modification process is a bit more streamlined than the divorce process, mainly because there is a lot less discovery.  Since the property division portion of a divorce agreement or judgement is not modifiable, issues of valuation are rarely necessary. Modification has a defined starting date: the date of the divorce.  What were the circumstances … Continue Reading

Modification, Change is Hard

Hi there, I hope you all are enjoying this gorgeous weather, I love it!  We have been very busy here since March with a number of modification cases, as the new Alimony Law allowed for a large group of payors to file for modification at that time. Generally, modification occurs as a result of a major change … Continue Reading

Update on Alimony Reform Act

Hi there, I hope you are enjoying our belated summer weather as much as I have been.  I missed posting last week because I couldn’t drag myself out of my garden to sit at the computer. It looks like alimony reform is almost here! The next legislative steps appear pretty certain and those in the … Continue Reading

Alimony Reform in 2011?

Hi there, Lately, I have been very bad about posting.  I spent the last two weeks in Florida with my grandchildren (and then recuperating from my grandchildren) and although I had lots of good resolutions about posting they seem to have gone the way of my good resolutions about not eating chocolate. However, here I … Continue Reading

Topic 4: Alimony

Hi there, Fourth in our topics to discuss is alimony.  In addition to everything else you need to think of, another important consideration when getting divorced is alimony. You first need to decide if your case is an alimony case.  You can do that by answering these questions: Does one of you earn substantially more than … Continue Reading

Til Death Us Do Part…..

Hi there; Right now one of the more interesting discussions in matrimonial law in Massachusetts is how long should alimony last.  Currently, judges lack the authority to terminate alimony with any finality, due in part to the fact that unless there is an agreement between the parties that the court won’t be able to change … Continue Reading