Category Archives: Alimony

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

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 love… 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

The real losers in alimony reform: Stay at home spouses in long term marriages. Is there any wiggle room?

Those paying alimony have been pretty vocal in their praise of the new alimony law the details of which are found here. One of the principal “reforms” is to terminate alimony at the payor spouse’s federal retirement age, regardless of whether the payor spouse is in fact retired.  For current payors of alimony in their… Continue Reading

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