News & Analysis as of

Divorce Spousal Support Marital Assets

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Pietragallo Gordon Alfano Bosick & Raspanti,...

Understanding Interim Financial Relief

When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do...more

Fox Rothschild LLP

Are Mortgage Rates and High Rents the Catalyst to “Quiet Quitting?”

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We have been reading recently about a new life phenomenon called “quiet quitting.” Essentially the concept is that one or both spouses are done with the relationship but neither has the energy or the resources to move on...more

Conn Kavanaugh

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

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While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a...more

Lerch, Early & Brewer

D.C. Passes New Law Authorizing Divorces with NO Waiting Period and Expanding Relief Available to Spouses

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While many of us were struggling to keep recent New Year’s resolutions going, new laws went into effect on January 26, 2024 that altered the landscape of divorce in the District of Columbia....more

Burns & Levinson LLP

Consideration of “Savings for a Rainy Day” Deemed Appropriate in Determining Amount of Alimony

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It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,...more

Fox Rothschild LLP

My Lawyer Won’t Do My Prenup. What’s That About?

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My colleague Jessica Kitain wrote last month (2/14) about the basics of what goes into a premarital/prenuptial agreement. Today we fielded an inquiry about some of the stickier questions that often go unnoticed yet merit some...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...more

Stange Law Firm, PC

What is a non-contested hearing in divorce and family law matters?

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Most parties going through a divorce or family law matter understand what a trial encompasses. A trial in a divorce or family law matter is a contested hearing. At the contested hearing, witnesses are called, and evidence is...more

Stange Law Firm, PC

What Are Findings of Fact and Conclusions of Law?

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Most understand that a court enters a judgment after a contested divorce or family law matter results in a trial. In the judgment, the court enters a ruling in terms of the result of the case. The case outcome binds the...more

Obermayer Rebmann Maxwell & Hippel LLP

Help! I Lost My Job in The Middle Of My Divorce

Divorce is already synonymous with significant changes in one’s life. Adding the loss of your job to that list can compound the pressure and intensify an already stressful situation. ...more

Kohrman Jackson & Krantz LLP

Understanding Reconciliation in Divorce

Anytime a person is considering filing for a divorce, it is an important decision. There are families, finances and emotions involved in the process. Even when a divorce has been filed, the filing party can request a...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

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The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order.  Effectively, this has...more

J.S. Held

Marital Standard of Living (MSOL): Practical Application, Scenarios & Variations

J.S. Held on

This article focuses on the income approach to determining the marital standard of living (MSOL), with particular emphasis on Marriage of Cheriton (2001) 92 Cal.App.4th 269 and Marriage of Ackerman (2006) 146 Cal.App.4th 191....more

Kohrman Jackson & Krantz LLP

Special Considerations for Divorces Involving Middle-Aged and Older Americans: Part 1

PART 1: SPOUSAL SUPPORT, ACCESS TO HEALTH INSURANCE, AND ADULT CHILDREN - In recent years, the growth in the divorce rate among middle-aged and older American couples has been an interesting trend that many researchers have...more

Stange Law Firm, PC

Procedural Versus Substantive Motions in Family Court

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In a divorce or family law matter, various kinds of motions are usually filed as part of a case. Those who are going through a divorce are often confused about the nature of these motions. Confusion can also take place as to...more

Stange Law Firm, PC

Do Both Parties Have to Agree to a Modification?

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After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

Lewitt Hackman

Getting Married in California? Here’s What You Should Know

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Many Californians get married without understanding the contract they are entering into. Here are the basics of California Family Law...more

Jaburg Wilk

How Much Does a Divorce Cost in Arizona?

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Frequently people ask me, “How much does it cost to get divorced?” My unsatisfying answer: it depends. Typically, the only fixed and required costs of divorce are the court filing fees. However, many people need professional...more

Stange Law Firm, PC

Split Decisions Common After Divorce Trial

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Most parties want to settle their divorce amicably outside of court without a trial. For various reasons, some parties cannot reach a decision on every aspect of their divorce. Some parties might not even be able to reach an...more

Stange Law Firm, PC

What Is A Satisfaction Of Judgment

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In divorce or family law matters, there is often times an order from the court for a payment from one party to the other. Sometimes, the order is through a consent judgment. Other times, the court might order the payment...more

Jaburg Wilk

Do I Need a Lawyer to Get a Divorce in Arizona?

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In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties...more

BCLP

Waiver Of Year’s Support Through Post-Nuptial Agreement

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Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse. ...more

Obermayer Rebmann Maxwell & Hippel LLP

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

Jaburg Wilk

Issues in Gray Divorces

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The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older...more

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