News & Analysis as of

Alimony Divorce

Alimony Ambiguity Reaches Stage “Critical”

by Fox Rothschild LLP on

We have still not seen a copy of the Senate bill although PBS Newshour reports that the final version adopted by the Senate was not circulated in the Senate until late Friday evening and about 5 hours before the vote. ...more

Settling Your Case Comes With Great Power And Great Responsibility

by Fox Rothschild LLP on

Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can settling save you substantial time and expense as...more

How Much Alimony Does a Spouse Need?

by Burns & Levinson LLP on

The alimony statute in Massachusetts provides that the amount of general alimony shall generally not exceed the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes. It has long been the...more

Big Divorce Change: First Draft Of House Tax Reform Bill

by Fox Rothschild LLP on

Any American with a pulse knows that 2017 was to be the first overhaul of U.S. Tax Law since 1986. Until this week, what was circulating through Washington was an 18 page executive summary. That changed yesterday when the...more

Estate Planning and Prenuptial Agreements: Tax Implications of Alimony

by McNair Law Firm, P.A. on

When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more

Retroactive Application of Durational Limits is Constitutional – Practical · helpful · thoughtful

by Burns & Levinson LLP on

In the highly awaited decision of Van Arsdale v. Van Arsdale, the Supreme Judicial Court has ruled that application of the durational limits contained within the Alimony Reform Act to alimony agreements predating the Act is...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

When Financial Planning Meets Family Law

Late 2016, the Minnesota Supreme Court decided the case of Curtis v. Curtis (887 N.W.2d 249) and in so doing provided a lesson in how to invest $2,000,000.00 to maximize your return in an alimony case....more

Do Durational Limits Apply to Cases That Were Resolved Before the Alimony Reform Act?

by Burns & Levinson LLP on

The Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act....more

Taxes and Divorce

Divorce is tough. Even amicable divorces are financially and emotionally draining. The last thing you need is to have tax problems pop up as a result of divorce proceedings. To avoid such problems here’s a list of some top...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: A prior appeal in this case concluded that the defendant, former husband, was entitled to seek modification of alimony and support when he voluntarily moved from Florida to...more

Misinterpreting the Law Doesn’t Negate an Alimony Agreement

by Burns & Levinson LLP on

The Appeals Court decision in DeMarco v. DeMarco reminds us that a deal is a deal, even when it’s entered into based upon advice from a trial judge who misinterprets the law....more

Definition of Cohabitation Set in Recent Alimony Reform Act Interpretation

by Burns & Levinson LLP on

The latest in a series of cases interpreting and clarifying the Alimony Reform Act of 2011 has just been decided. Duff-Kareores vs. Kareores was decided by the Supreme Judicial Court on June 15, 2016....more

It’s STILL Not Too Late to Act!

by Burns & Levinson LLP on

Hi there, I usually take no position on pending legislation but the proposed changes to the alimony law will adversely affect thousands of pre-existing divorce agreements. If you can, please take the time to read this...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

It’s Not Too Late to Act!

by Burns & Levinson LLP on

There has been a new development in the recent challenge to the Alimony Reform Act. As a backdrop, the landmark Alimony Reform Act (M.G.L. c. 208, sections 48-55), which went into effect on March 1, 2012, changed alimony...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

War of the Rosas – Creative Tax Strategies to Balance the Financial Results in Divorce Planning

by Gerald Nowotny on

The War of the Roses is a movie classic above the trials and tribulations of marriage and divorce that sends shivers equally down the spine of about those married and unmarried. Several quotes from the movie include the...more

SC Public Policy Update - March 2016 #3

by Nexsen Pruet, PLLC on

What's New - SENATE - The Senate spent the week on the floor working on a compromise to S .997, a bill by Senator Lee Bright (R-Spartanburg) that would track refugees that are located in South Carolina. Senators...more

More Alimony Reform in Massachusetts?

by Burns & Levinson LLP on

In March 2012, Massachusetts law on alimony was reformed and codified as General Laws Chapter 208, sections 48 – 55. A judicial hearing has been set for Monday, March 7, 2016 at 1 p.m. at the State House seeking further...more

Divorce and Lottery Winnings: What Are the Chances?

by Burns & Levinson LLP on

As people scramble to purchase Powerball tickets for a chance (however small) at the 1.3 billion dollar jackpot, the largest in U.S. history, I couldn’t help but think about the practical considerations that come into play...more

Can I Date After I Separate?

Rumor has it that Miss Piggy, after separating from her long-time love Kermit the Frog last month, has publicly announced her readiness to begin dating again. In fact, a photograph recently surfaced in which Miss Piggy and...more

When The Wealthy Divorce, They Regularly Engage Forensic Accountants

Forbes Magazine published an article on “When The Wealthy Divorce, They Regularly Engage Forensic Accountants” this week. Couples with a large amount wealth and substantial assets to be divided do often require the services...more

Bloggers Beware! The Admissibility of Blog Entries As Admissions Against Interest

by Butler Snow LLP on

In this day in age, you really can find anything on the Internet. That is the good news and the bad news for attorneys and clients alike. With the popularity of online web logs, or “blogs,” on the rise, odds are that your...more

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