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