How 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…

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Case 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. …

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Judges Imputing Income Be Forewarned – There’s a Recession Out There!

In a divorce action, a Probate and Family Court found that a father in the real estate business was underemployed and imputed income to him for purposes of calculating child support. The Court averaged the father’s income over the previous five years while acknowledging that it did not reflect his current actual income. The Appeals…

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Focus on Your Children

A recent article featured in the Wall Street Journal highlights efforts parents can make to help their children feel balanced after divorce. One of the most significant things parents can do after going through a divorce is talk to their kids about it. Willingness to treat the subject seriously, even with young children, will help…

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Massachusetts Alimony Reform Update

Massachusetts has been a leader in progressive family law reform, like legalizing same sex marriage and divorce. Alimony is another controversial family law subject Massachusetts isn’t afraid to address. The State House of Representatives recently passed a bill that would remove much of the discretion from trial judges in deciding the length of alimony and…

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Alimony Bill One Step Closer to Becoming Law

Back in April, I wrote a post about proposed Massachusetts alimony reform.  I now understand that the bill has been reported out of the Judiciary Committee which usually means it will become law. If it passes, it will reform a law that currently allows judges to grant “lifetime alimony.” Judges presiding over divorce litigation cases…

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For Richer or for Retirement

The road to reform of alimony laws has been controversial. April’s proposal will at least guarantee the present laws are looked at.

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