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...
Ken and Kora are going through a divorce in Massachusetts. They were married for a short time. During the marriage, Ken racked up substantial credit card debt. Ken and Kora both work full-time, but Kora makes significantly less money than Ken. She worries about the...
Audra and Adam, married for fifteen years. In that time, Audra has supported Adam while he finished medical school, underwent a medical residency, and established his practice. Audra also took care of the couple’s children. The couple enjoyed a comfortable lifestyle...