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...
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...
Under some circumstances, there may be income imputed to a party for purposes of calculating alimony and child support. For example, what if a party voluntarily changes careers to a less lucrative one or takes an early retirement? The court may impute income to that...
In what ways is intellectual property important during a divorce? Is it something that may be divided by the court between the parties? Intellectual property and domestic relations: Intellectual property includes patents, trademarks, copyrights, trade secrets, and...
Zelda and Zack have been married for ten years and are undergoing a divorce. Zack recently found out two things. First, Zelda has won a professional award which will likely allow her to increase her income substantially in the future. Second, Zelda is likely to come...
The court will order alimony payments for a specific duration. This period defines how long the payments will continue. What is the starting point for durational alimony payments when awarded years after a divorce decree? Does the durational period begin to run at the...
Olivia and Oscar are going through a contentious divorce in the Massachusetts Probate and Family Court. They are facing issues exchanging financial information. Oscar is a partner in an accounting firm which is local and privately held. Olivia’s attorney requested...
Can alimony calculations include a spouse’s unvested stock options, even if they weren’t considered marital property in equitable distribution? The Massachusetts Supreme Judicial Court recently answered this question. In Ludwig v. Lamee-Ludwig, the Court said yes. [1]...
Is "Lifetime Alimony” truly dead in Massachusetts? The Alimony Reform Act became effective on March 1, 2012. It allows modifying alimony based on material changes in circumstances. The Act set presumptive termination dates for marriages under 20 years. For example,...
Peter and Polly married twenty years ago. At that time, both felt optimistic about each other's employability. Peter was a graduate student, and Polly was a secretary. Polly supported Peter during his Ph.D. in Economics, being the sole breadwinner for the first four...