Legal Blog

No more alimony deduction? How can that be.

Just finished reading the morning paper about all the lobbying to change the new tax proposal. There was no talk about saving the deductibility of alimony. I was unaware until the draft bill came out that eliminating the alimony deduction was being proposed. This will be catastrophic for families dependent on receiving alimony or unallocated support. The elimination of the

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Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49. This proposed bill is in direct response to what many believed to be a surprising ruling by the Massachusetts

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Hassey v. Hassey, 85 Mass.App.Ct. 518 (June 25, 2014)

This case involves an 21-year marriage in which Husband was the primary wage earner and Wife, excluding a brief stint in the late 80s, worked solely in the home. During the marriage, Husband invested in and obtained a greater interest in his dental practice – creating a difficult to estimate income stream which could continue to grow in the future.

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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) would not be deducted from

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Your first meeting with your divorce lawyer

For most people the first step they take in getting divorced is contacting a divorce lawyer. A lot has been written on how to choose a lawyer. This article assumes that you already have chosen a lawyer who you think you will be satisfied with. There is a fair amount of anxiety surrounding that first meeting with a new client

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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 event in Court. As annoying as

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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 the cohabitation provisions of the

Read More ➔

No more alimony deduction? How can that be.

Just finished reading the morning paper about all the lobbying to change the new tax proposal. There was no talk about saving the deductibility of alimony. I was unaware until the draft bill came out that eliminating the alimony deduction was being proposed. This will be catastrophic for families dependent on receiving alimony or unallocated support. The elimination of the

Read More ➔

Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49. This proposed bill is in direct response to what many believed to be a surprising ruling by the Massachusetts

Read More ➔

Hassey v. Hassey, 85 Mass.App.Ct. 518 (June 25, 2014)

This case involves an 21-year marriage in which Husband was the primary wage earner and Wife, excluding a brief stint in the late 80s, worked solely in the home. During the marriage, Husband invested in and obtained a greater interest in his dental practice – creating a difficult to estimate income stream which could continue to grow in the future.

Read More ➔

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) would not be deducted from

Read More ➔

Your first meeting with your divorce lawyer

For most people the first step they take in getting divorced is contacting a divorce lawyer. A lot has been written on how to choose a lawyer. This article assumes that you already have chosen a lawyer who you think you will be satisfied with. There is a fair amount of anxiety surrounding that first meeting with a new client

Read More ➔

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 event in Court. As annoying as

Read More ➔

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 the cohabitation provisions of the

Read More ➔

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