New clients often ask the question, “When should I file for divorce?” This seems like a simple question, that should have a simple answer. But it does not. The reason is that every case is different. Here are some reason to file quickly and some reasons to wait. Which of them apply to you? REASONS… Continue Reading
Category Archives: Alimony Reform
Six Months of experience under the new alimony reform law
We now have been working with the new alimony law for almost six months. What have we learned? Here are my thoughts: The new alimony law has resulted in a sea change. The notion of lifetime alimony in Massachusetts has gone the way of the Dodo bird. Interestingly, the wave of new modifications based upon… Continue Reading
Don’t wait until 2013 to get a modification of your alimony
There has been a good deal of publicity about the new Massachusetts alimony law which took effect on March 1, 2012. There has also been a fair amount of disappointment when people learn that the new law prevents most people from filing for a modification of their alimony based upon the new law until 2013,… Continue Reading
Alimony reform coming to a state near you.
Massachusetts has been a trendsetter in alimony reform across the country. It seems like alimony reform will sweep the country and our laws are seen as a model. It must have been so shocking that change could come to Massachusetts after so many years of being the poster child for generous alimony. Not sure if… Continue Reading
Some little noted clarifications contained in the new alimony reform law
There has been a lot of attention given to the durational limits on alimony contained in the alimony reform law, including termination of alimony at the payor’s federal retirement age. There are two other clarifications that will reduce litigation in areas where the prior law was unclear. Under the new law alimony cannot exceed the… Continue Reading
Article on new alimony law
This article, co-authored by Howard Goldstein, was incorporated in materials published by the Boston Bar Association on February 28, 2012 in connection with their continuing education program on the new alimony law. Unintended Consequences of “An Act to Reform and Improve Alimony,” in Massachusetts: Avoiding the Pitfalls on the Road to Reform Janet Miller… Continue Reading
New additions to domestic relations laws – Chapter 208 Divorce
Here are the new additions to the domestic relations laws, Chapter 208 on Divorce. Effective as of today March 1st, 2012. Chapter 208. Section 31A Visitation and custody orders; consideration of abuse toward parent or child; best interest of child. Chapter 208. Section 48 Definitions applicable to Secs. 49 to 55. Chapter 208. Section 49… Continue Reading
Cohabitation and alimony reform
The new Massachusetts alimony reform law contains provisions that spell out what happens if a recipient of alimony lives with someone while receiving alimony. Unfortunately the new provisions leave many questions unanswered. The statute says that alimony “shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that… Continue Reading
If you live together before marriage or separate from your spouse while married it could effect your alimony
One of the hallmarks of the new law is that the duration of alimony is now based upon the duration of the marriage. The duration of the marriage is counted from the date of the marriage to the date of service of a divorce complaint upon your spouse. The timing of when you file for… Continue Reading
Unanswered questions under the new alimony reform law
It is likely there will be lots of news stories on or about March 1, 2012 proclaiming a new day in Massachusetts because of the alimony reform law. There are still many unanswered questions and we will begin on that date to learn how the law is applied in our probate courts. It will take… Continue Reading