The Massachusetts Supreme Judicial Court ("SJC") recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge...
A prenuptial agreement can eliminate much of the guesswork from the divorce process and save divorcing spouses time and money. Also known as an "antenuptial agreement" or a "prenup," it is a written contract engaged couples sign prior to marriage that clearly outlines...
The Massachusetts Appeals Court recently decided Duval v. Duval. This case deals with the modification of an unallocated support order. While a court may order alimony to support a former spouse and order child support for the care of the parties' children,...
The Massachusetts Supreme Judicial Court ("SJC") recently decided Cavanagh v. Cavanagh (2022). This decision has major implications for alimony and child support orders, adding more complexity for judges, attorneys, and parties. The SJC in Cavanagh made multiple...
In a previous blog post, we discussed how a spouse may hide assets and income in a divorce. If you believe your spouse is hiding assets and/or income in your divorce, there are ways you, an experienced divorce attorney, or an expert can investigate. In this article,...
Hiding assets is a hot topic in divorce. In Massachusetts, one of the court's goals in a divorce is to divide assets fairly--though not necessarily equally--between the parties. This is done through a process known as equitable distribution. The court also aims to...
If a judge agrees to reduce a party's existing alimony obligation, does that reduction automatically go into effect once the judgment issues? Or, can the judge delay the reduction's effective date? A recent Massachusetts Appeals Court case, Dolan v. Dolan, answers...
In cases of alimony, a court may deviate from the statutory durational limits "in the interests of justice." But can this deviation from the durational limits occur even after the statutory duration has expired? Recently, the Massachusetts Appeals Court decided that...
In many cases involving alimony, the court orders a party to pay alimony at the time of divorce. In some cases, a court may modify alimony after the divorce -- either increase, decrease, or altogether terminate alimony. To prevail on an alimony modification, the...
In recent years, litigants have tested the new Massachusetts alimony laws in the state’s appellate courts numerous times. One of the most highly contested issues deals with the durational limits for alimony. With the Alimony Reform Act of 2011 came the implementation...