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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, and in some instances not
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 this is really a good
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 need of the recipient or
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 Wiseman, Certified Divorce Mediator, Jeanne
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 Termination, suspension or modification of
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 their children, the most important
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 the recipient spouse has maintained
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 divorce AND have the complaint
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 many months or years before
Recently we have been in touch with clients who are either happy or discouraged because of the new alimony law. Many of our clients who have been paying alimony are looking forward to stopping their payments on March 1, 2012. Others are afraid they are going to have their alimony cut off on that date. There will probably be news
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, and in some instances not
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 this is really a good
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 need of the recipient or
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 Wiseman, Certified Divorce Mediator, Jeanne
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 Termination, suspension or modification of
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 their children, the most important
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 the recipient spouse has maintained
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 divorce AND have the complaint
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 many months or years before
Recently we have been in touch with clients who are either happy or discouraged because of the new alimony law. Many of our clients who have been paying alimony are looking forward to stopping their payments on March 1, 2012. Others are afraid they are going to have their alimony cut off on that date. There will probably be news
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246 Walnut St, Ste 301 Newton, MA 02460-1639
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