A recent Massachusetts case addressed the issue of alimony modification where the event triggering a material change of circumstances was the emancipation of a child. Background: In Flor v. Flor, the parties’ divorce judgment ordered the husband to pay the wife child...
Alimony Articles
Articles written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
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The Health of the Parties in Modification of Alimony
After a judgment has been ordered by the court for alimony there are certain situations where either party may take action to modify the judgment.[1] For a party to be successful on a claim for alimony modification, the party must prove to the court that there has...
Estates of the Parties and Alimony
Suppose Grace and Will own a home and have pension plans. Now that they are divorcing, they want to know how a court would impose alimony payments. How do the respective estates of the parties factor into the court’s decision regarding alimony? What is alimony?...
Modification of Alimony Payments
Kelly and Alex were granted a divorce. The judge also entered a judgment for alimony payments that ordered Kelly to pay Alex $800 per month, along with providing health insurance for Alex. Kelly has not complied with the health insurance requirement, although she has...
Alimony in Cases of Upward Mobility
In a situation where the spouses are accustomed to an upper-class lifestyle, may one spouse receive alimony based on her expectation that the other spouse’s income will be on an upward trajectory? It's an interesting issue. There is admittedly some ambiguity in the...
Can You Appeal a Temporary Order During Divorce?
If your case requires an order sooner, file a motion for temporary orders. The judge can hear it early. Divorce trials usually take 12 to 15 months, but you can request temporary orders within the first few months. It is often necessary for cases involving custody,...
Valuing Partnerships and Professional Practices in a Divorce
How does one value a share in a partnership in a divorce? How are professional practices valued in a divorce? People facing a divorce are often concerned about their financial futures. One such financial concern regards the valuation of shares in a partnership during...
How Retirement Impacts Alimony
Sally and Bob's marriage lasted nearly thirty years. During most of this time Sally worked as a doctor while Bob took care of the couple’s children. In 2002, they divorced, and the court ordered Sally to provide $500 per week to Bob. Sally has now reached “full...
Durational Limits on Alimony Obligations are Constitutional
In 2011, the Massachusetts Legislature passed the Alimony Reform Act, making significant changes to laws concerning alimony in the Commonwealth. Among those changes were durational limits imposed on alimony obligations from marriages that lasted fewer than twenty...
Recovery of Damages in Cohabitation Cases
May a party recover damages from a former romantic partner with whom the party cohabited, where the party contributed significantly to the improvement of the common home? Say, for example, that two people live together but never marry. One of them happens to be in the...