News & Analysis as of

Divorce MA Supreme Judicial Court

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Conn Kavanaugh

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

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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

Fox Rothschild LLP

What Could Massachusetts Ruling Non-Disparagement Orders Unconstitutional Mean To Pennsylvania?

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It is always a good idea to keep an eye on other jurisdictions for how they deal with novel or emerging issues. One issue recently considered was the use of non-disparagement orders to prevent parties from criticizing each...more

Burns & Levinson LLP

New Decision Provides Clarity on Pre-Marital Economic Partnerships and Impact on Alimony Duration

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“We have been together for so long, it is as if we are married.” In a small number of jurisdictions, including nearby Rhode Island, a couple can be legally recognized as being married, without any formal registration of a...more

Burns & Levinson LLP

New Decision Fine-Tunes Mass. Removal Law

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In some divorces/post-divorce situations, one parent wants to move with the parties’ children to another state, or even another country. This is called “removal,” and requires either the permission of the other parent or the...more

Burns & Levinson LLP

How Much Alimony Does a Spouse Need?

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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

BCLP

What Can Your Spouse Reach In A Divorce?

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In the recent decision, Pfannenstiehl v. Pfannenstiehl, the Massachusetts Judicial Supreme Court overruled the appeals court decision and concluded that assets held in a discretionary trust created by a third party, where the...more

Burns & Levinson LLP

Massachusetts High Court to Determine Whether a Spouse’s Trust Interest Can Be Reached in Divorce

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On April 5, 2016, the collective eyes of Massachusetts divorce attorneys and estate planners were fixed on the Supreme Judicial Court, where the highly-anticipated oral arguments on “further appellate review” of Pfannenstiehl...more

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