Alimony

News & Analysis as of

First SJC Clarification of the New Alimony Reform Act

With the coming of spring comes a fresh interpretation of some relatively new legislation that has been closely watched by attorneys around Massachusetts. Any new law will require interpretation by the courts, going up...more

Deciding to Divorce: It’s OK to Get Cold Feet

Some of the heaviest divorce filing times of the year are February (after Valentine’s Day) and March. I see a lot of new clients but also quite a few clients who I had met with before, but weren’t ready to move forward with...more

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Divorce and Retirement: Social Security Administration vs. California Family Law

According to the Social Security Administration’s website, the 1983 Social Security Amendments included a provision for raising the full retirement age beginning with people born in 1938 or later. The Congress cited...more

Temporary Relief While Divorce Litigation is Pending ? What is Pendente Lite Relief?

Waiting until divorce proceedings are complete to receive alimony and child support can cause significant financial hardship. Pendente lite (a Latin term meaning “pending litigation”) relief can help ease the financial burden...more

Divorce, Child Support and Alimony

When it comes to child support, the laws vary considerably from state to state. Some states allow “permanent” alimony in certain circumstances, but some do not. Most states allow for some sort of alimony payment for a finite...more

What is spousal maintenance and how is it determined in Arizona? [Video]

Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist Mitchell Reichman discusses what Spousal Maintenance is and how it is determined in Arizona. He also describes the time frame associated with...more

Permanent Alimony To Remain — For Now

An 11th hour decision by the Governor of Florida, Rick Scott vetoed a bill that would have ended "permanent alimony." ...more

Alimony Reform in New Jersey

Alimony is a legal obligation to provide financial support to a former spouse. In New Jersey, there are four types of alimony: permanent, limited duration, rehabilitative, and reimbursement. Alimony in New Jersey is about to...more

Until Death (Or Remarriage) Do Us Part

He says the alimony settlement is unfair because it doesn’t take into account the training she received to obtain gainful employment. ...more

When Does Alimony Become Unfair?

Everyone knows the horror story of someone who was ordered to pay what was considered unfair alimony. ...more

Modification Process in Massachusetts Divorce Cases

The modification process is a bit more streamlined than the divorce process, mainly because there is a lot less discovery. Since the property division portion of a divorce agreement or judgement is not modifiable, issues of...more

Modification, Change is Hard

I hope you all are enjoying this gorgeous weather, I love it! We have been very busy here since March with a number of modification cases, as the new Alimony Law allowed for a large group of payors to file for modification...more

Are the Family Courts Becoming Hostile Toward Women?

From a historical standpoint, women have been the stay-at-home moms; the underemployed or unemployed spouse in a marriage; and the lesser paid sex in the workforce (the latter is still largely true). These realities – the...more

Are Unallocated Support Payments in a Divorce Action Tax Deductible?

A couple going through a divorce action should understand whether a support payment, not specifically allocated as child support or alimony, is a taxable event where the payor may deduct it and the payee report it as income...more

In Plain English…What are the Legal Issues at Stake in Same-Sex Marriage?

Most everyone is aware that the United States Supreme Court heard two historic cases this week focused on same-sex marriage. One involves California’s Proposition 8 banning same-sex marriages (which was then rendered...more

Alimony in New Jersey

Alimony is governed by N.J.S.A. 2A34:23-b. In New Jersey, there are four categories of alimony to consider: (1) Limited Duration Alimony, (2) Reimbursement Alimony, (3) Rehabilitative Alimony, and (4) Permanent Alimony....more

Out of Harm’s Way: Domestic Violence and Divorce

Divorce can be an extremely emotional experience, fraught with sadness, anger and even a sense of helplessness. These feelings are exacerbated for someone who has been the victim of domestic violence. If you are the victim...more

Alimony Bill Proposing to Overhaul New Jersey’s Alimony Laws

Assembly Bill Number 3909 was introduced on March 7, 2013 seeking to overhaul the State’s long established alimony laws. Among other things, the proposed bill eliminates permanent alimony entirely. ...more

Is Inherited Property Subject To Equitable Distribution In Florida?

On June 31, 2012, Prince William turned 30 and came into a $15.5 million inheritance from his late mother, Princess Diana’s, estate. Although that kind of inheritance doesn’t happen every day, many people do inherit...more

“Long-Term” Marriage Reaches New Heights

On February 6, 2013, John and Ann Betar celebrated their 80th wedding anniversary, a milestone earning them the title of “longest married couple” in the United States by Worldwide Marriage Encounter, a Christian marriage...more

How Do Georgia Bankruptcy Courts Handle Child Support?

Although each state may determine its own bankruptcy exemptions, federal law governs the overall structure and purpose of bankruptcy law. In general, all 50 states must follow the same rule for child support and alimony...more

What Is A QDRO?

Although the media focuses on their big spending, divorce and poor retirement planning are among the top reasons why most pro athletes go broke within 10 years of retirement. Retirement planning can be challenging for most,...more

Divorce Tax Planning

In August 2012, Tiger Woods and Elin Nordegen finalized their divorce here in Florida. With their settlement terms undisclosed, the world is speculating as to what will happen with the young billionaire’s assets, including...more

So how long is long enough to prevail on a modification application?

Well, depending on what county your case is venued in, it depends. Recently in Foley v. Foley, the defendant, ex-husband, filed an appeal from an Order from the Family Court that denied his motion to reduce his alimony...more

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