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…

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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…

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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. …

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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…

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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…

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“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…

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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…

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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…

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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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