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Alimony

Pietragallo Gordon Alfano Bosick & Raspanti,...

Evidence in Divorce and Custody Cases

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more

Bowditch & Dewey

A Lesson on Presumptive Durational Limit of Alimony

Bowditch & Dewey on

The Appeals Court recently entered a judgment in the case of S.S. v. S.S holding that it was error for the trial judge to have deviated from the presumptive durational limit of alimony. The parties were married in 2009....more

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

Smith Debnam Narron Drake Saintsing & Myers,...

Does Adultery Affect Child Custody? The Answers You Need.

In North Carolina, while adultery can be a factor in child custody decisions, it is not determinative. The primary consideration is always the best interest of the child, and courts have broad discretion to evaluate the...more

Fox Rothschild LLP

Apples to Oranges – Pendente Lite Support vs. Support After Trial

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One of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where there is barely enough money to go around to support an intact...more

Obermayer Rebmann Maxwell & Hippel LLP

Legal Lingo for your Support Matter

As lawyers, we essentially learn how to speak a completely different language that sounds like gibberish to the average person. While we always make an effort to keep you informed and explain all aspects of your case, there...more

Obermayer Rebmann Maxwell & Hippel LLP

How does divorce impact social security benefits?

A “gray divorce” generally refers to spouses divorcing later in life, usually after decades of marriage. A common question that comes up within this group of individuals pertains to how a divorce may impact a spouse’s social...more

Jaburg Wilk

Eight Essential Tax Insights For Arizona Residents Who Are Navigating Divorce

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Divorce and legal separation can entail more than just emotional and legal complexities. They can also involve navigating intricate and complex tax implications. There are eight key considerations to consider relative to...more

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

Fox Rothschild LLP

Alimony & the Cohabitation Dilemma

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In 1980 Pennsylvania revised its 1929 Divorce Code and for the first time allowed post divorce alimony. It was a tough legislative battle with conservative forces professing concern that divorce would become ubiquitous. One...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

Conn Kavanaugh on

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

Could Your Spouse’s Income Be Suffering “Jet Lag?”

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Since not many of us live in the private aircraft world we will keep this blog mercifully short. The Wall Street Journal on Friday April 12 reported on an audit of Boeing’s deployment of their fleet of executive aircraft....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

Fox Rothschild LLP

Yes, A 29 Year Marriage Warrants Open Durational Alimony

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Since the 2014 amendments to the alimony statute were enacted, we have seen this clutching at pearls and gnashing of teeth about what to do in long term (over 20 years) marriages when the payor is in her/his 60s. The...more

Conn Kavanaugh

Openshaw v. Openshaw Decision Sets Precedent by Considering Savings in Massachusetts Alimony Calculations

Conn Kavanaugh on

A recent Massachusetts Supreme Court decision has broadened the Court’s view on what constitutes the marital lifestyle when awarding alimony. Historically, when awarding alimony in divorce cases, the analysis is based upon a...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

Cohen Seglias Pallas Greenhall & Furman PC

More Than Meets the Eye: NJ Supreme Court Cardali Decision’s New Methodology Can Prevent Judicial Backlog and Increased Costs

Family law practitioners everywhere have lauded the New Jersey Supreme Court’s decision last year in Cardali v. Cardali for providing a ‘Big Win for Clarity’ on cohabitation cases and the burden that must be met before a...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

Fox Rothschild LLP

Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

Fox Rothschild LLP on

Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Fox Rothschild LLP

A 21st Century Visit to the Alimony Bar

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When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more

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