Category Archives: Divorce

Temporary Alimony is NOT General Term Alimony

The Massachusetts Supreme Judicial Court added new clarification today in its opinion in the Holmes case (see full opinion here). In Holmes, Husband was ordered to pay temporary alimony during the pendency of the divorce modification case.  The SJC held that the 2 years Husband paid “temporary alimony” (during the pendency of the modification case)Continue Reading

Massachusetts man discusses how he got divorced for only $1,500.

One of the most important discussions that I have with my clients is the financial cost of getting divorced.  The reality is that litigation of a divorce is cost prohibitive for a lot of people.  The good news is that there are other options besides going to court to resolve tough conflict. Tim McLaughlin’s articleContinue Reading

New Child Support Guidelines Effective Today

Today, August, 1, 2013, Massachusetts rolled out new Child Support Guidelines, affecting any parent who pays or receives child support.  The new Guidelines can be viewed at http://www.mass.gov/courts/childsupport/2013-child-support-guidelines.pdf.  I also find it useful to review the red lined version (http://www.mass.gov/courts/childsupport/2012-task-force-recommendations-redlined-against-2009-child-support-guidelines.pdf) so that you can clearly see the differences between the new and old guidelines. TheContinue Reading

Definition of income under the Massachusetts child support guidelines

The latest version of the Massachusetts child support guidelines contains a long list of items that are to be considered income for purposes of the guidelines. Most people, including lawyers are surprised when they see what is included. It makes no difference if the IRS thinks its taxable income.  There is a catch-all category forContinue Reading

Filling out your financial statement

One of the more annoying tasks for someone going through a Massachusetts divorce is to have to deal with the financial statement required by the Court. It is typical that in any divorce this form will be redone more than once, because it is required to be current each time there is an important eventContinue Reading

Ask yourself these seven questions before hiring your divorce lawyer.

Your experience with your lawyer will be one of the most important variables that will determine how you feel when your divorce is over. And, to be sure, unlike a chronic illness, your divorce will, at some point be over. There are many things to consider before hiring a lawyer such as experience, education, and training,Continue Reading

Getting divorced? Should you change your Will?

I am frequently asked by clients if he/she can change a Last Will and Testament during a divorce proceeding. I have had trouble finding any controlling legal authority on this, so I think the decision about whether to do it is up to you. If you have a Will that gives all your property toContinue 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 MillerContinue 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 49Continue Reading

What is a good result in a divorce case?

There is a lot of emotion that usually gets in the way of settling your divorce.  Settling a divorce case should not be that hard. It is usually a financial planning exercise best settled on spreadsheets rather than in the courtroom. Custody and parenting issues are a little more complicated, but if both parents loveContinue Reading