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
Clients often ask whether a nesting arrangement (also called “bird nesting”) in a child custody or divorce matter is a good idea. There is no right or wrong answer, as it depends upon the specific separating parents, the...more
The answer to this question is: it depends.
In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more
Mental health issues during a divorce are unfortunately common. Untreated mental illness may be the cause of the divorce, or the stress of the divorce process may exacerbate a previously undiagnosed or inadequately managed...more
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
If you have been paying attention to the entertainment news lately, you may have seen the articles released last month about Tom Brady and Giselle Bundchen divorcing in just a day. While their divorce certainly did not take...more
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
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
What do Bridget Moynahan, Tiki Barbar, and Denise Richards have in common? They (or their spouse) were all pregnant while going through a divorce....more
In recent years, cryptocurrency has sparked concern in some divorcing clients. We hear questions such as “I believe my spouse has cryptocurrency or other digital assets and we are going through a divorce. What can I expect?”...more
The decision to move forward with a divorce is never easy. Regardless of the length of the marriage, the reason for the divorce, or whether children were born or are expected of the marriage, you married that person for a...more
In an announcement made by the Probate and Family Court on June 25, 2021, effective September 1, 2021, divorcing parents of minor children will no longer be required to attend and complete the Parents Education Program as the...more
I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. ...more
On February 16, 2021, the IRS announced that all legally permitted first and second-round Economic Impact Payments (also known as “stimulus payments” or “stimulus checks”) have been issued. Beginning in April 2020, the IRS...more
In my last blog post, I discussed the Clement v. Owens case, one of two recent decisions from the Appeals Court which further defined and clarified the durational limits of alimony in Massachusetts under the 2012 Alimony...more
On Friday, October 16, 2020, the Appeals Court released two unpublished decisions further defining and clarifying the durational limits of alimony in Massachusetts under the 2012 Alimony Reform Act: Clement v. Owens-Clement...more
When a marriage becomes irretrievably broken, both spouses generally agree that a divorce is necessary. However, some divorces are contested by one party, which may make the process more difficult and lead to prolonged...more
One of the biggest concerns parties have when going through a divorce is that their spouse will dissipate, hide, or move assets without their knowledge and consent. The fear is that once assets are gone, they can no longer be...more
As I mentioned in my last blog post outlining a few tips for videoconferencing, a discussion of the decision-making process as to whether to participate in mediation or conciliation via videoconference could be its own blog...more
While you are finally able to get your hair cut at a salon or barbershop, a bite to eat and drink at an outdoor restaurant, and even a pedicure (thank goodness!), the days of appearing in Court for a hearing, or in an office...more
All too often divorce cases involving children end up being hotly contested, with a “win” or “lose” mentality. Inevitably, this mentality results in neither parent winning and the children more often than not losing. While an...more
3/5/2020
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