Alimony
Alimony and the TCJA: Common Misconceptions Every Divorcing Parent Should Know
By Jonathan Fields, Esq. Under the Tax Cuts and Jobs Act of 2017 (TCJA), alimony will no longer be tax deductible to the payor and no longer tax includable to the payee effective January 1, 2019. The law was a shock to many, particularly divorce lawyers, most of whom had gotten quite used to the…
Read MoreHow the Courts Decide on Alimony
Alimony is an explosive topic. Some people totally agree with it, while others are firmly against it. Either way, alimony can be a large part of divorce, and the financial aspect can be lengthy and costly for the party that will be paying the alimony. The decision of granting alimony by the court depends on…
Read More3 Ways to Financially Prepare for Divorce When Emotions are High
Divorce is a highly emotional time and when you are going through such a trying life event, practical matters may be far from your mind. But despite the emotional toll, it is important that you consider financial matters – if not for yourself, for the well-being of your loved ones. You will get through this…
Read MoreCase Law Updates from Family Mediation Quarterly, April 2014
Temporary Alimony Doesn’t Count. In the most significant case concerning the Alimony Reform Act, the SJC determined that the period during which temporary alimony is paid during the pendency of a divorce proceeding pursuant to G.L. c. 208 s. 17 is not included in the calculation of the maximum presumptive duration of general term alimony. …
Read MoreDivorce and Fertility: Putting your Eggs in One Basket
Deciding to end a marriage is never easy. After investing so much of your life to one person, it can be incredibly daunting to think about starting over. For women in their late thirties or forties whose marital investment included the potential of starting a family, divorce can pose an even more complex challenge. While…
Read MoreCase Law Updates from Family Mediation Quarterly, October 2013
PC Agreement Held Enforceable. A recent Appeals Court decision held that an agreement to use a parenting coordinator (PC) was enforceable, even where one party does not want to use one anymore. The father had sought the appointment of a new PC after the PC’s initial one-year term ended; the Probate and Family Court judge…
Read MoreCase Law Updates from Family Mediation Quarterly, July 2013
“Agreed upon Educational Expenses” and the Price of Silence. Because “agreed upon expenses” recurs so frequently in our agreements, this recent case from the Appeals Court should be of great interest. The separation agreement, incorporated into a California divorce judgment and registered in Massachusetts, provided that each party would pay one-half of all agreed-upon educational…
Read MoreHusband Receives No Part of Wife’s $12,000,000 Inheritance
The Appeals Court upheld a Probate judgment in which the judge did not award husband any part of the wife’s $12,000,000 inherited interest in various trusts. The decision does not indicate the precise extent of the marital estate but infers that the wife was left with substantially greater assets than the husband. The parties lived…
Read MoreIs Income Equalization Dead?
The Probate Court equalized the incomes of two parents with a child support order. On the father’s appeal, the Appeals Court affirmed. On further appellate review, the SJC vacated the support award, holding that “income equalization is inconsistent with principles that inform child support orders in the Commonwealth.” Such orders, said the SJC, should not…
Read MoreMCFM Spring 2012 Family Mediation Quarterly Article by Attorney Fields
The most recent issue of the Massachusetts Council on Family Mediation Family Mediation Quarterly features the following article I wrote called MASSACHUSETTS FAMILY LAW: A Periodic Review. Value of Inherited Nantucket Home Divided Equally. The Appeals Court upheld a Probate and Family Court judgment that divided equally between parties the value of the husband’s interest…
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