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Spouses Marital Assets Alimony

Pietragallo Gordon Alfano Bosick & Raspanti,...

Top 5 Divorce and Custody Myths

Whether it is from TV shows, movies, or stories from friends, people who are unacquainted with the divorce and custody process often come to initial consultations with attorneys with certain expectations that are, well, based...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding Illicit Sexual Relationships and the Legal Ramifications

Illicit sexual relationships can have a significant impact on a spouse’s rights and obligations in the context of separation and divorce, specifically regarding spousal support. How is Illicit Sexual Behavior Defined?...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

Lerch, Early & Brewer on

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

Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

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April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....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

Cozen O'Connor

Don’t Leave A Prenup Off Of Your Wedding Checklist

Cozen O'Connor on

Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often...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

Fox Rothschild LLP

So Alimony Formulas are Sometimes OK?

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Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...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

Cole Schotz

Saying “I DO” Again – Top Eight Issues to Consider Before Taking Your Next Trip Down the Aisle

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Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more

Burns & Levinson LLP

How to Have the Prenup Conversation with Your Fiancé(e)

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A prenuptial agreement is one of the most difficult issues to discuss with your intended spouse while you’re in the thick of sending out wedding invitations, tasting cake, and deciding on a venue for the ceremony. A...more

Burns & Levinson LLP

Prenuptial Agreement that Strips a Party of All Marital Interests Found Unconscionable

Burns & Levinson LLP on

Once again, the Appeals Court tells us that a prenuptial agreement that strips a party of all marital interests is unconscionable and will not be enforced. On March 30, 2023, the Appeals Court issued its decision in Rudnick...more

Fox Rothschild LLP

Delay, Waiver & Law of the Case Doctrine

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Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date or otherwise...more

Fox Rothschild LLP

December is Engagement Month

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A Divorce Lawyer’s Holiday Engagement “Wish List”- Next week will mark this writer’s 42 year of admission to the Pennsylvania Bar. For forty of those years, I practiced domestic relations law. In olden times (circa...more

Fox Rothschild LLP

Appellate Division Rejects Formula for Alimony – Again!

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I have blogged many times about the fact that there is no formula for alimony, and moreover, whenever a trial court imposes a formula, it is always reversed by the Appellate Division. In 2020, I blogged on the last reported...more

Burns & Levinson LLP

My Spouse Receives Stock Options as Part of Her Compensation Package. Will Stock Options Granted After Our Divorce Be Included in...

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Stock options granted to a party during a marriage are considered marital assets subject to property division upon divorce, even if the options vest after the parties are divorced. However, whether stock options that are...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

Burns & Levinson LLP on

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

Burns & Levinson LLP

No Prenupt(ial)? A 101 Guide to Postnupts

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More and more couples are electing to sign prenuptial agreements before their big wedding day, yet some can’t agree, don’t want to, or don’t have time to do one beforehand. After all, some people continue to believe that...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

Burns & Levinson LLP

What Happens to the Life Insurance After Divorce?

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It depends on what was put into writing – or not! On January 10, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that where a former husband failed to change the beneficiary designation on his life insurance...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

Proskauer Rose LLP

Wealth Management Update - October 2021

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October 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased slightly for October of 2021. The October applicable...more

Lowndes

Gray Divorce: What to Consider When You’re Divorcing Later in Life

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By now, you’ve undoubtedly heard that Bill and Melinda Gates have chosen to end their 27-year marriage, joining the increasing number of long-married couples opting to divorce. A recent THINK article about the growing trend...more

Fox Rothschild LLP

Can A Judge Add A Savings Component To Alimony And Apply It Retroactively To The Beginning Of The Case? Does A Frugal Lifestyle...

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While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of a savings component, especially where parties live...more

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